Juliet Muthoni Ntarara v District Land Adjudication & Settlement Officer (Meru South), Attorney General & Celestino Rungu [2017] KEELC 1448 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA

CHUKA ELC PETITION CASE NO. 6 OF 2017

FORMERLY MERU ELC PETITION CASE NO. 4 OF 2012

IN THE MATTER OF THE CONSTITUTION OF THE REPUBLIC OF KENYA (2010)

AND

IN THE MATTER OF THE VIOLATION OF THE PROVISIONS OF THE BILL OF RIGHTS

AND

IN THE MATTER OF ENFORCEMENT OF THE BILL OF RIGHTS UNDER ARTICLES 22(1), 23 AND 258 OF THE CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF RULE 19 OF THE SIXTH SCHEDULE (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA

BETWEEN

JULIET MUTHONI NTARARA........................................................PETITIONER

VERSUS

THE DISTRICT LAND ADJUDICATION & SETTLEMENT

OFFICER (MERU SOUTH)....................................................1ST RESPONDENT

THE ATTORNEY GENERAL................................................2ND RESPONDENT

CELESTINO RUNGU...........................................................3RD RESPONDENT

RULING

1. When the parties were to come to court on 19. 10. 2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules, they did not turn up.

2. I am satisfied that the apposite notice was properly issued.

3. I find that the parties have failed to show cause why this suit  should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules.

The suit, therefore, merits dismissal.

4. The suit is dismissed.

5. It is so ordered.

Delivered in open court at Chuka this 19th day of October, 2017 in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE