Koeleken Sandiko,Salaton Nandunguenkop & Parkire Nandunguenkop v Attorney General,Land Registrar, Narok County & Land Adjudication Officer, Narok County;Bikatu Ole Saoli & 67 Others (Interested Parties) [2020] KEELC 2722 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAROK

ELC PET. NO. 380 OF 2017

IN THE MATTER OF ARTICLE 22 (1)

IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTLA RIGHTS

AND FREEDOMS UNDER ARTICLES 27,40,47 AND 50 OF THE CONSTITUTION

AND

IN THE MATTER OF THE ENVIRONMENT AND LAND COURT ACT, 2011

KOELEKEN SANDIKO....................................................................1ST PETITIONER

SALATON NANDUNGUENKOP.....................................................2ND PETITIONER

PARKIRE NANDUNGUENKOP......................................................3RD PETITIONER

(on behalf of themselves and other members of the Ogiek Community)

-VERSUS-

ATTORNEY GENERAL..................................................................1ST RESPONDENT

LAND REGISTRAR, NAROK COUNTY.....................................2ND RESPONDENT

LAND ADJUDICATION OFFICER, NAROK COUNTY..........3RD RESPONDENT

AND

BIKATU OLE SAOLI & 67 OTHERS..................................INTERESTED PARTIES

RULING

By a Notice of Motion dated 5th April, 2019 the petitioners herein had filed a formal application seeking for directions on how the petition herein do proceed with the hearing of the substantive petition.

The application was not opposed by the respondent and in view of the above I will allow the application as prayed and do direct that the petition do proceed as hereunder: -

1. That the petition herein be heard by way of written submissions.

2. That both the petitioner and the respondents do file and exchange all documents that they wish to rely on within 21 days

3. That the petitioners do file and serve his submissions in respect of the petition within 30 days of exchange of all documents and the respondents to file their submissions within 21 days of the receipt of the petitioners’ submissions.

4. That the petition be mentioned within 14 days of the filing of submissions by both the petitioners and the respondents for the purposes of highlighting the said submissions.

DATED, SIGNED and DELIVERED ELECTRONICALLY on this 6th  day of May, 2020.

Mohammed Kullow

Judge

6/5/2020

In the presence of:

CA:Chuma

N/A for the parties and their advocates

Mohammed Kullow

Judge

6/5/2020