Muthamia & 5 others v Director, Land Adjudication And Settlement Officer & 3 others; Kanampiu & 3 others (Interested Parties) [2025] KEELC 4068 (KLR)

Muthamia & 5 others v Director, Land Adjudication And Settlement Officer & 3 others; Kanampiu & 3 others (Interested Parties) (Environment & Land Petition E003 of 2024) [2025] KEELC 4068 (KLR) (21 May 2025) (Ruling)

Neutral citation: [2025] KEELC 4068 (KLR)

Republic of Kenya

In the Environment and Land Court at Chuka

Environment & Land Petition E003 of 2024

BM Eboso, J

May 21, 2025

Between

Patrick Kimathi Muthamia

1st Petitioner

Gabriel Kirimi

2nd Petitioner

David Murangiri

3rd Petitioner

Japhet Kaburu

4th Petitioner

James Bauni

5th Petitioner

Rithaa Kibaara

6th Petitioner

and

The Director, Land Adjudication And Settlement Officer

1st Respondent

The Director, Land Adjudication And Settlment Officer, Meru South

2nd Respondent

The District Land Registrar, Meru South

3rd Respondent

The Hon Attorney General

4th Respondent

and

Benson Mugambi Kanampiu

Interested Party

Festus Metha Njau

Interested Party

Jackin Nyaga

Interested Party

Mwarania Mwiandi

Interested Party

Ruling

1. The application dated 8/4/2025 sought an order staying proceedings in Chuka CMC E&L Case No E035 of 2024. Although the interested parties filed a replying affidavit opposing it, they have had a change of mind and they have elected to concede to the application for the sake of an expeditious disposal of this petition. The respondents did not respond to the application.

2. In the absence of any opposition to the application, the court will grant an order staying proceedings in Chuka CMC E&L Case No E035 of 2024 for a period of 9 months only. The petitioners are expected to prosecute their petition and procure a determination within the 9 months.

DATED, SIGNED AND DELIVERED VIRTUALLY AT CHUKA THIS 21ST DAY OF MAY, 2025. B M EBOSO [MR]JUDGEIn the Presence of:Ms. Kijaru for the PetitionersMr. Mugambi for the Interested PartiesCourt Assistant – Mr. Mwangi