Marima & 2 others v Purko Development Trust & 4 others [2024] KEHC 9224 (KLR)

Marima & 2 others v Purko Development Trust & 4 others (Civil Suit E005 of 2024) [2024] KEHC 9224 (KLR) (31 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9224 (KLR)

Republic of Kenya

In the High Court at Narok

Civil Suit E005 of 2024

F Gikonyo, J

July 31, 2024

Between

Eunice Saoina Marima

1st Plaintiff

Piaro Ole Norpoor

2nd Plaintiff

Mike Ole Maria

3rd Plaintiff

and

Purko Development Trust

1st Defendant

Chairman Purko Development Trust

2nd Defendant

Seleila Ole Mwanik

3rd Defendant

The Government Narok County

4th Defendant

Narok North Member of Parliament

5th Defendant

Ruling

1. Respondents cannot be said to be in default as their time for filing replies has not expired.

2. At least Tuya has filed papers for the 3rd Respondent.

3. Opportunity to be heard is a Constitutional imperative and tenet of fair hearing. The Court cannot deny them.

4. The Applicant has not also stated when elections herein may be held: thereby withdrawing the foundation of urgent relief. The fact that counsel has stated that his clients are apprehensive that elections may be held against public interest, does not provide the much needed jab for urgent relief.

5. Accordingly, the Respondent should file their replies as ordered and the matter be set down for inter parte hearing.

6. Hearing of Application shall be on 26/09/2024.

DATED, SIGNED, AND DELIVERED AT NAROK THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 31ST DAY OF JULY, 2024F. Gikonyo M.JudgeIn the presence of:Court Assistant – Mr. OtoloStanley Dikir for Plaintiff/Applicant - Present