Paul Odhiambo Jaramba, Daniel Nyerere Kochele & Marion Atieno Ojiem v Kenya Informal Settlements Improvement Project (KISSIP), County Government of Kisumu, Commissioner for Lands, Director of Surveys of Kenya, Attorney General & Ethics and Anti-Corruption Commission [2021] KEELC 855 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KISUMU

ELC. CASE NO. 38 OF 2020

PAUL ODHIAMBO JARAMBA........................................................1ST APPLICANT

DANIEL NYERERE KOCHELE.....................................................2ND APPLICANT

MARION ATIENO OJIEM..............................................................3RD APPLICANT

VERSUS

KENYA INFORMAL SETTLEMENTS

IMPROVEMENT PROJECT (KISSIP)......................................1ST RESPONDENT

COUNTY GOVERNMENT OF KISUMU..................................2ND RESPONDENT

COMMISSIONER FOR LANDS................................................3RD RESPONDENT

DIRECTOR OF SURVEYS OF KENYA...................................4TH RESPONDENT

HON. ATTORNEY GENERAL.................................................5TH RESPONDENT

ETHICS AND ANTI-CORRUPTION

COMMISSION...........................................................................6TH RESPONDENT

RULING

On the 4/6/2020, this court made an order that the application dated 12/3/2020 be served within 3 days and that the Respondents were to file and serve a reply within 7 days of service. The Applicants were to file a supplementary affidavit with submissions within 7 days of service. The Respondents were file submissions within 7 days of service. The ruling was reserved to be delivered on notice. It appears that the directions were not complied with. There is no affidavit of service on record and are no replying affidavits for the 1st – 5th Respondents, save the 6th Respondent. I have considered the application and do find that it lacks merit as it is not premised on any suit known in law. There is neither a plaint nor a petition   lodged with the application. Moreover, failure to serve to 1st to 5th Respondents is an abuse of the process of court. The application dated 12/3/2020 is dismissed with costs.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19th DAY OF NOVEMBER, 2021

ANTONY OMBWAYO

JUDGE

This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2020.

ANTONY OMBWAYO

JUDGE