Kafuta & 8 others v Chief Magistrates Court -Mombasa & another; Trustees Anglican Church of Kenya & 6 others (Interested Parties) [2024] KEELC 6129 (KLR)

Kafuta & 8 others v Chief Magistrates Court -Mombasa & another; Trustees Anglican Church of Kenya & 6 others (Interested Parties) (Environment & Land Miscellaneous Case E051 of 2024) [2024] KEELC 6129 (KLR) (25 September 2024) (Ruling)

Neutral citation: [2024] KEELC 6129 (KLR)

Republic of Kenya

In the Environment and Land Court at Mombasa

Environment & Land Miscellaneous Case E051 of 2024

NA Matheka, J

September 25, 2024

Between

Japheth Mshote Kafuta

1st Applicant

Mngwana Kastrungi

2nd Applicant

Stephen Kilelo Melanyi

3rd Applicant

Samuel Mesanai Shadrack

4th Applicant

Mohamed Osman Maow

5th Applicant

0bed Mnene Luwero

6th Applicant

John Mwanyalo

7th Applicant

Teresia Atieno Oduor

8th Applicant

Agnes Nasetiay Samuel

9th Applicant

and

Chief Magistrates Court -Mombasa

1st Respondent

Attorney General

2nd Respondent

and

Trustees Anglican Church of Kenya

Interested Party

Patrick Maza

Interested Party

Kenneddy Mwandigha

Interested Party

Julius Mwanzighe Nyambu

Interested Party

Rosemary Mbugua

Interested Party

Margarat Mnyanyi

Interested Party

Getrude Chombo

Interested Party

Ruling

1. The application is dated 3rd July 2024 and is brought under Article 165 Section (6) and (7) of the Constitution of Kenya 2010: Section 13 of the Environment and Land Court Act No. 19 of 2020. Section 1A. 3A, 63, Order 51 of the Civil 40 of the Civil Procedure Act and Rules respectively seeking the following orders;1. That this Application be certified urgent and heard exparte.2. That the Court be pleased to call for Court file ELC No. 159 of 2019 pending before the Chief Magistrate ELC Division Mombasa for directions as regards the judgement which has been pending for the last fourteen (14) months.3. That the Court to give directions as to costs.

2. It is supported by the grounds that this matter has been heard and determined and on 16th February 2023 the trial Court gave a judgement date for 4th May 2023. 2. That on the judgment day the same was not ready and the trial Court directed that the same was to be delivered by mail. The matter has come up on several occasions and judgment has not been read and delivered. 4. The delay to deliver the judgement is inordinate and amounts to a denial of justice to both the Plaintiffs and the Defendants. This Court should use its supervisory powers to call for the file and give directions. That in total the judgement has been pending for the last fourteen months that is to say one year and two months. That interest of justice requires that this Court comes in and rescues the file from further delays.

3. This court has considered the application and supporting affidavit annexed thereto. The respondents were served but failed to attend court or file any documents. The applicant wants the Court to call for Court file ELC No. 159 of 2019 pending before the Chief Magistrate ELC Division Mombasa for directions as regards the judgement which has been pending for the last fourteen (14) months. I find that this is an administrative matter and the applicant through their advocate ought to follow up with the letter dated 9th February 2024 to the court and address it to the Chief Magistrate himself and not the Administrator as this is a judicial function. I find this application is not merited and I dismiss it with no orders as to costs as it is undefended.It is so ordered.

DELIVERED, DATED AND SIGNED AT MOMBASA THIS 25TH DAY OF SEPTEMBER 2024. N.A. MATHEKAJUDGE