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;Chuka Igambang’ombe Development Association (Interested Party) [2020] KEELC 3931 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 215  OF 2017

FORMERLY MERU ELC.  08 OF 2015

FORMERLY EMBU ELC. 266 OF 2015

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

VERSUS

COUNTY MINISTRY OF LANDS, PHYSICAL

PLANNINGENERGY & ICT COUNTY

GOVERNMENT OF THARAKA NITHI............................1ST DEFENDANT

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

THE DIRECTOR GENERAL

(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

AND

CHUKA IGAMBANG’OMBE

DEVELOPMENT ASSOCIATION..............................INTERESTED PARTY

RULING

1. This application is dated 23rd January, 2020 and seeks orders:

1. The application be certified urgent and be heard on priority basis.

2. That the honourable court be pleased to arrest or/and suspend the ruling of the Deputy Registrar slated for delivery on the 26. 3.2020 pending the hearing and determination of this application.

3. Leave be granted to the 1st and 2nd applicants/defendants to amend item No. 1 in the Bill of Costs dated 9. 12. 2019 and filed in court on the 16. 12. 2019, as per the attached amended draft bill of costs.

In the alternative to prayer No. 3 hereinabove, the 1st and 2nd applicants be granted leave to withdraw bill of costs dated 9. 12. 2019.

4.  Costs of the application be in the cause.

2.  The application has the following grounds:

i) There is a typing error on the value of subject matter

ii) That the value of the subject matter was typed as Kshs.2,005,000/= instead of Kshs.200,000,000/=

iii) That the error is purely typographical and amending the figure will not prejudice any party.

iv) That the amendment is necessary for purposes of determining the real question in controversy, which is the amount of instruction fees taxable.

3.  On 27th January, 2020, the parties, by consent, agreed that the court can grant limb 2 of the prayers that is: In the alternative to prayer 3 herein above, the 1st and 2nd applicants be granted leave to withdraw the bill of costs dated 9. 12. 2019.

4.  In the circumstances, the 1st and 2nd applicants’ bill of costs dated 9th December, 2019 is hereby marked as withdrawn with no order as to costs.

Delivered in open court at Chuka this 27th day of January, 2020

in the presence of:

CA: Ndegwa

Murango Mwenda for the Applicant

Murimi Murango for the Respondent

P. M. NJOROGE,

JUDGE.