Mariba & 4 others v Cabinet Secretary, Ministry of Lands and Physical Planning & 3 others [2024] KEELC 13757 (KLR)

Mariba & 4 others v Cabinet Secretary, Ministry of Lands and Physical Planning & 3 others (Environment & Land Petition 24 of 2022) [2024] KEELC 13757 (KLR) (28 October 2024) (Ruling)

Neutral citation: [2024] KEELC 13757 (KLR)

Republic of Kenya

In the Environment and Land Court at Migori

Environment & Land Petition 24 of 2022

GMA Ongondo, J

October 28, 2024

IN THE MATTER OF ARTICLE 2 (1),4(1),10,12,2223,40 (1),47,61 AND 258 OF THE CONSTITUTION OF KENYA AND IN THE MATER OF ALLEGED CONTRAVENTION OF ARTICLES 10,12,40 (1) AND 47 OF THE CONSTITUTION OF

Between

Jackson Magoiga Mariba

1st Petitioner

Lucas Tabu Mariba

2nd Petitioner

John Wankuru Mariba

3rd Petitioner

Tobias Matengo Mariba (All suing on their behalf and as the legal representatives of Michael Mariba Matengo Mwita alias Mariba Marengo - Deceased)

4th Petitioner

Anthony Chacha Mwita

5th Petitioner

and

Cabinet Secretary, Ministry of Lands And Physical Planning

1st Respondent

Cabinet Secretary, Ministry of Foreign Affairs

2nd Respondent

Head, Kenya International Boundaries Office

3rd Respondent

The Hon Attorney General

4th Respondent

Ruling

1. This ruling is in regard to an application by Ms Esther Opiyo learned counsel for the respondents for fourteen days to file and serve a rely to the petition and an application for leave and other orders regarding filing of various documents in this matter.

2. The application is based on grounds, inter alia, that;a.The respondents are yet to file and serve response(s) to the present petition,b.the petitioners filed and served submissionsc.The issues are many due to many stakeholders involved in this matter.d.In the interest of justice herein.

3. Mr. Paul Amuga learned counsel for the petitioners has opposed the application on the grounds which include; the respondents have taken long to response to the petition and that the petitioners’ submissions filed and served late as the responses to the petition were awaited.

4. It is not in dispute that the respondents have not filed and served responses and the petitioners’ counsel filed and served submissions herein.

5. So, is the respondents’ application merited?

6. It is noteworthy that a fair opportunity to be heard is a fundamental principle of justice; see Halsbury’s Laws of England 5th Edition 2010 Volume 61 at paragraph 639.

7. Moreover, the unlimited right to fair trial and the right of access to justice are enshrined in Articles 25 (c), 50 (1) and 48 of the Constitution of Kenya 2010.

8. In the circumstances, the respondents should be let in to respond to this petition; see also Philip Chemwolo and another -vs- Augustine Kubende (1986) eKLR.

9. A fortiori, the application is merited and allowed on terms that the respondents’ counsel to file and serve response (s) to the petition and or requisite application within the next fourteen days from this date.

10. This petition is fixed for 21st November 2024 to confirm compliance and for further directions.

11. It is so ordered.

DATE AND DELIVERED AT MIGORI THIS 28TH OCTOBER 2024GEORGE M. A. ONGONDOJUDGEIn Presence of;-Paul Amuga learned counsel for the PetitionersMs Esther Opiyo learned counsel for the respondentsTom Maurice, Court Assistant