Muriithi & 17 others Registered as Oleshua Community Organisation v Nyanja & 2 others [2023] KEELC 22512 (KLR)

Muriithi & 17 others Registered as Oleshua Community Organisation v Nyanja & 2 others (Environment & Land Case 774 of 2015) [2023] KEELC 22512 (KLR) (20 December 2023) (Ruling)

Neutral citation: [2023] KEELC 22512 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 774 of 2015

EK Wabwoto, J

December 20, 2023

Between

Mr. John Muriithi & 17 others Registered as Oleshua Community Organisation

Plaintiff

and

Hon. George Nyanja

1st Defendant

Mwitu Estate Water Company Ltd

2nd Defendant

Nairobi County Government

3rd Defendant

Ruling

1. The plaintiffs vide their application dated 15th November 2023 seeks leave of this court to file an additional document referred to as the letter dated 18th May 2023 out of time. The application was supported by an affidavit sworn on 15th November 2023 by Ruth Chunge the secretary of the plaintiff’s organization. It was averred that the plaintiffs have obtained the said correspondence which is necessary for the court to arrive at a fair and just determination of the matter.

2. Pursuant to the directions that was issued by this court, it was directed that the application be canvassed by way of written submissions. In compliance with the said directions, the application was subsequently served upon the defendants, the plaintiffs filed written submissions dated 20th November 2023, however the no response nor any written submissions in respect to the said application were filed by the defendants despite service.

3. The court has considered the application and the written submissions filed by the plaintiffs. The singular issue for consideration is whether the plaintiff should be granted leave to file the letter dated 18th May 2023 out of time.

4. Article 159(2) (b) and (d) of the Constitution requires this Court to ensure justice is not delayed and is administered without undue regard to procedural technicalities The plaintiffs have clearly explained the reason for the delay in filing the letter dated 18th May 2023 and there being no objection to the same by the defendants, this court shall proceed to allow the application dated 15th November 2023 in the following terms;i.The document referred to as the letter dated 18th May 2023 to be filed and served upon the defendants within 7 days from today.ii.Each party to bear own costs of the application.It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 20TH DAY OF DECEMBER 2023. E. K. WABWOTOJUDGE