Mutegi Mugwetwa v County Ministry of Lands, Physical Planning Energy & Ict County Government of Tharaka Nithi, County Government of Tharaka Nithi Director General, Kenya Urban Rural Authority, Kenya Urban Roads Authority & Regional Manager-Upper Eastern (Kenya Urban Roads Authority) Territorial Works (K) Ltd [2017] KEELC 1127 (KLR) | Consent Orders | Esheria

Mutegi Mugwetwa v County Ministry of Lands, Physical Planning Energy & Ict County Government of Tharaka Nithi, County Government of Tharaka Nithi Director General, Kenya Urban Rural Authority, Kenya Urban Roads Authority & Regional Manager-Upper Eastern (Kenya Urban Roads Authority) Territorial Works (K) Ltd [2017] KEELC 1127 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO. 215 OF 2017

FORMERLY EMBU ELC CASE NO.266 OF 2015

FORMERLY MERU ELC CASE NO.8 OF 2015

MUTEGI MUGWETWA………..………….......................................................…………………..PLAINTIFF

VERSUS

COUNTY MINISTRY OF LANDS, PHYSICAL PLANNING ENERGY &

ICT COUNTY GOVERNMENT OF THARAKA NITHI ……...….................................…..1ST DEFENDANT

COUNTY GOVERNMENT OF THARAKA NITHI DIRECTOR GENERAL......................2ND DEFENDANT

(KENYA URBAN RURAL AUTHORITY)………............................................…….…….3RD DEFENDANT

KENYA URBAN ROADS AUTHORITY………..........................................………….....4TH DEFENDANT

THE REGIONAL MANAGER-UPPER EASTERN (KENYA URBAN ROADS AUTHORITY) ……….5TH DEFENDANT

TERRITORIAL WORKS (K) LTD……..............................................………………….6TH DEFENDANT

RULING

1. On 7th November, 2017 the plaintiff’s advocate and the advocate representing the 3rd to 5th defendants proffered a consent which they asked the court to adopt as its order. The consent is in the following terms:

“That by consent:

1. The Executive Officer, the Land Registrar, Land Surveyor and the Surveyors of the parties do visit the scene and prepare report within 45 days.

Costs be in the cause to be borne by the plaintiff

2. The status quo be maintained

Signed:

Murimi Murango for the plaintiff

Kiongo for the 3rd to 5th defendant & also h/b for Waweru Gatonye for interested parties.

2. The consent is adopted as an order of this court.

3. Mr.Murimi Murango for the plaintiff and Mr. Kiongo for 3rd to 5th defendants are directed to take charge regarding implementation of this consent.

4. It is so ordered.

Delivered in open court at Chuka this 7th day of November, 2017 in the presence of:

CA: Ndegwa

Murimi Murango for the plaintiff

Kiongo for 3rd to 5th defendants

Kiongo h/b for Gatonye for the interested party

P. M. NJOROGE

JUDGE