Marryann Mohamed Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased v Michael Koome Mburuu, Isiolo County Government & Jediel Kirimi Rutere [2022] KEELC 2011 (KLR)

REPUBLIC OF KENYA

IN THE LAND AND ENVIRONMENT COURT AT ISIOLO

ELC CASE NO. 001 OF 2021

MARRYANN MOHAMED CHEABRIL (Suing as the Administrator of the Estate of

ASHA JABRIL MOHAMED - DECEASED................................................PLAINTIFF

-VERSUS-

MICHAEL KOOME MBURUU.........................................................1ST DEFENDANT

ISIOLO COUNTY GOVERNMENT.................................................2ND DEFENDANT

JEDIEL KIRIMI RUTERE................................................................3RD DEFENDANT

RULING

1.  This is a matter that has been in the judicial pipeline for some time.  It has been heard at Meru, Chuka and now Isiolo.  It is important that the hearing of this matter be prioritized.

2.  On 30/12/2021, the plaintiff’s advocate, Mr. Lakicha, intimated that he was contemplating withdrawal of suit number Court of Appeal No. 205 of 2019 at Nyeri.  This would clear the way for the hearing of this suit.

3.  On 21st January, 2022, it was confirmed that the suit in Court of Appeal No 205 of 2019 at Nyeri had been withdrawn.

4.  Consequently, the following orders are hereby issued:

a)  The plaintiff’s advocate is directed to serve the hearing date fixed by the court today upon all the absent defendants within 14 days of today.

b) By consent of counsels present, the suit will be heard on 23/5/2022 and 24/5/2022.

Written and delivered in open court at Isiolo, this 25th day of January, 2022 in the presence of:

Court Assistant:  Balozi

Mrs Otieono h/b Lakicha for the plaintiff

Kaumbi h/b Mwirigi Kaburu for the 1st defendant

Ken Muriuki for the 2nd Defendant

Mrs Mbogo for the 3rd defendants

--------------------

HON. JUSTICE P. M NJOROGE

ELC JUDGE, ISIOLO