Leruk Murusi &12; others v County Government of Marsabit, Chief of the Kenya Defence Forces, Cabinet Secretary Ministry of Defence & Attorney General [2022] KEELC 1891 (KLR)

REPUBLIC OF KENYA

IN THE LAND AND ENVIRONMENT COURT AT ISIOLO

PETITION NO. 007 OF 2021

LERUK MURUSI & 12 OTHERS...................................................PETITIONERS

-VERSUS-

COUNTY GOVERNMENT OF MARSABIT..........................1ST RESPONDENT

THE CHIEF OF THE KENYA

DEFENCE FORCES.................................................................2ND RESPONDENT

THE CABINET SECRETARY

MINISTRY OF DEFENCE.......................................................3RD RESPONDENT

THE HON. ATTORNEY GENERAL......................................4TH RESPONDENT

RULING

1. Submissions concerning an application by the 9th to 17th Petitioners to have this court to recommend the empanelment of a three Judge Bench were highlighted on 31/1/2022.  Colonel Mugira for the 2nd and 3rd respondents told the court that the pertinent issues were straight forward and, therefore, urged the court to dismiss the application right away.

2. I have perused the submissions filed by the parties.  I find that it is necessary to carefully consider all the issues in this matter.

3. As a consequence, I will deliver a ruling on 28th March, 2022.

DELIVERED IN OPEN COURT AT ISIOLO THIS 31ST DAY OF JANUARY, 2022 IN THE PRESENCE OF:

Court Assistant:  Denge

Katwa Kigen for the 1st and 8th Petitioners

Colonel Mugira for 2nd and 3rd Respondents

Kimathi for the 4th Respondent

HON. JUSTICE P. M. NJOROGE

ELC JUDGE, ISIOLO