Pavel Paul Curzon v Attorney General, Minister for Interior and Coordination of National Government, Inspector General of Police, OCS Kilimani Police Station, Director of Criminal Investigation & Chief Land Registrar [2021] KEELC 1623 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

PETITION NO. 5 OF 2019

BETWEEN

PAVEL PAUL CURZON...........................................................PETITIONER

AND

THE HON. ATTORNEY GENERAL......................................PETITIONER

THE MINISTER FOR INTERIOR AND COORDINATION

OF NATIONAL GOVERNMENT...................................2ND RESPONDENT

THE INSPECTOR GENERAL OF POLICE.................3RD RESPONDENT

THE OCS KILIMANI POLICE STATION....................4TH RESPONDENT

DIRECTOR OF CRIMINAL INVESTIGATION..........5TH RESPONDENT

CHIEF LAND REGISTRAR...........................................6TH RESPONDENT

RULING

I have perused the Notice of Motion dated 9th March, 2021 together with the supporting affidavit.  The application was served upon the respondents but they did not respond to the same.  The application is in the circumstances not opposed.  The orders sought are aimed at compelling the 4th and 6th Respondents to comply with the orders that were made herein on 16th August, 2016 and 7th October, 2016.  Since the respondents did not respond to the application, the averments in the supporting affidavit with regard to the issuance of the said orders and service of the same upon the respondents are not contested.  The averment that the respondents have not complied with the said orders despite service has also not been contested.

When the application came up for hearing on 10th March, 2021, the advocates for the respondents did not turn up.  The applicant’s advocate urged the court to allow the application as prayed. I am satisfied from what I have set out above that the applicant’s application dated 9th March, 2021 has merit.  The application is allowed for now in terms of prayers 1 and 2 thereof.  The 4th and 6th Respondents shall appear in court on 8th November, 2021 to produce the documents and provide the information set out in the orders made herein.

DATED AND DELIVERED AT NAIROBI THIS 4TH DAY OF OCTOBER, 2021

S. OKONG’O

JUDGE

Ruling delivered virtually through Microsoft Teams Video Conferencing Platform in the presence of:

Mr. Ojiambo for the Applicant

N/A for the Respondents

Ms. C. Nyokabi - Court Assistant vc