Joseph Lorunyei Kuwam, John Oyan Lususru, Joyce Nairesia Lesegi, Kuresha Bille Mohamed, Mary Kepen Mbatia & Joseph Mtwanja v Cabinet Sec. Min. of Defence Republic of Kenya, Cabinet Secretary, Min. of Interior & Co-Ordination of National Government, Cabinet Sec. Min. of Lands, County Commissioner Isiolo County, County Government of Isiolo & Attorney General [2021] KEELC 225 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT ISIOLO

PETITION. E004 OF 2021

JOSEPH LORUNYEI KUWAM...............................................................1ST PETITIONER

JOHN OYAN LUSUSRU..........................................................................2ND PETITIONER

JOYCE NAIRESIA LESEGI...................................................................3RD PETITIONER

KURESHA BILLE MOHAMED.............................................................4TH PETITIONER

MARY KEPEN MBATIA........................................................................5TH PETITIONER

JOSEPH MTWANJA..............................................................................6TH PETITIONER

VERSUS

THE CABINET SEC. MIN. OF DEFENCE

REPUBLIC OF KENYA.......................................................................1ST RESPONDENT

THE CABINET SECRETARY, MIN. OF INTERIOR

& CO-ORDINATION OF NATIONAL GOVERNMENT...............2ND RESPONDENT

THE CABINET SEC. MIN. OF LANDS...........................................3RD RESPONDENT

THE COUNTY COMMISSIONER ISIOLO COUNTY.................4TH RESPONDENT

THE COUNTY GOVERNMENT OF ISIOLO...............................5TH RESPONDENT

THE ATTORNEY GENERAL............................................................6TH DEFENDANT

RULING

1. Today, 20/12/2021, Mr. Abubakar for the petitioners told the court that the Ministry of Defence and particularly the KDF were ignoring orders of Status Quo issued by the Hon. Lady Justice Lucy Mbugua at Meru on 7/10/2019 and reaffirmed on 19/5/2021.

2. The court orally advised Mr. Abubakar, the petitioners’ advocate, to formally file a contempt application against the alleged contemnors so that the issue can properly be canvassed.

3. Once again it is unfortunate that some of the parties in this suit did not come to court even though they were aware of today’s date.  I observe that it is becoming quite common for the AG’s representatives and the National Land Commission to skip hearing dates or dates for directions.  This reprehensive behaviour is hereby deprecated.

4. I issue the following orders:

a) Orders for status quo issued by Lady Justice Lucy Mbugua at Meru on 7/10/2019 and reaffirmed on 19/5/2021 are hereby further reaffirmed and the parties are ordered to maintain status quo as envisaged by the orders issued by the Hon. Lady Justice Lucy Mbugua.

b) The petitioners’ advocate is directed to serve the orders issued by the court today upon all absent parties within 14 days of today

c) All respondents and the interested parties are granted 30 days to concurrently file and exchange their responses to the petition and liberal leave to further respond as and if necessary, is hereby

d) With the concurrence of the advocates present in court today, parties will come to court for directions on 28/2/2022

WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 20TH DAY OF DECEMBER, 2021 IN THE PRESENCE OF:

Court Assistant:  Denge

Abubakar for the Petitioners

Captain Tororey for the 1st respondent

Ken Muriuki for the 5th respondent.

HON JSUTICE P. M. NJOROGE

ELC, JUDGE, ISIOLO