M’Rutere v Kobia [2025] KEELC 5124 (KLR)

M’Rutere v Kobia (Enviromental and Land Originating Summons E011 of 2023) [2025] KEELC 5124 (KLR) (9 July 2025) (Ruling)

Neutral citation: [2025] KEELC 5124 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Enviromental and Land Originating Summons E011 of 2023

BM Eboso, J

July 9, 2025

Between

Peter Muriuki M’Rutere

Plaintiff

and

John Kinoti Kobia

Defendant

Ruling

1. On 19/12/2024, Yano J allowed the notice of motion dated 20/2/2024 which sought joinder of Grace Kanyua Munjuru as an interested party. Grace Kanyua Munjuru is before court and seeks leave to file a counterclaim. All the parties are of the view that she should be made a substantive party so that she can have the platform on which to present her pleadings.

2. In the circumstances, Grace Kanyua Munjuru is hereby designated as 2nd defendant in this suit. The plaint shall be amended and served within 10 days. The 2nd defendant will thereafter file and serve her defence and counterclaim within 15 days of service. The defendants in the counterclaim will have 15 days within which to file their defences to the counterclaim. There will be the right of reply. Hearing is adjourned at the behest of the 2nd defendant on the above grounds.

DATED, SIGNED AND DELIVERED AT MERU THIS 9TH DAY OF JULY, 2025B M EBOSO [MR]JUDGEIn the Presence ofMr Kariuki for the PlaintiffMr Kaberia for the Interested PartyMs Mugo for the Defendant