Kipkemboi & 4 others v Commissioner of Lands & 7 others [2023] KEELC 17791 (KLR)

Kipkemboi & 4 others v Commissioner of Lands & 7 others (Environment and Land Case Civil Suit 924 of 2012) [2023] KEELC 17791 (KLR) (22 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17791 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Case Civil Suit 924 of 2012

LN Mbugua, J

May 22, 2023

Between

David Kipkemboi

1st Petitioner

Josephine Moindi

2nd Petitioner

David Kamunya Runo

3rd Petitioner

Singuo Holdings Limited

4th Petitioner

Timothy Ondieki

5th Petitioner

and

Commissioner of Lands

1st Respondent

Registrar of Titles

2nd Respondent

Director of Surveys

3rd Respondent

Attorney General

4th Respondent

Microtech Accessories Limited

5th Respondent

Bangal Trading Limited

6th Respondent

Mumtazz Trading and Investment Co Ltd

7th Respondent

Mokowe Traders Limited

8th Respondent

Ruling

1. I have perused the record. The proceedings of 2. 2.2022 are self explanatory on matters “the Preliminary Objection”. The court had directed that the Preliminary Objection be heard alongside the main trial. Reason being that the Preliminary Objection was filed on the date matter was scheduled for hearing on 2. 2.2022.

2. In the circumstances, the Preliminary Objection is to be argued orally. The main trial also to proceed even as further directions are given regarding the ruling on the Preliminary Objection.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF MAY 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-M/s Munyua for PetitionersAllan Kamau for 1st – 4th RespondentsCohen Amanya for 5th, 6th and 8th RespondentMrs. Ahamo holding brief for Issah for 7th RespondentCourt Assistant: Eddel