Philip Subili Righo & 8 others v Michael Seth Kaseme, Hassan Barisa Kalime, Samuel Kingi Mwangi & County Council of Tana River [2013] KEHC 2072 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MALINDI

PETITON NO. 18 OF 2012

IN THE MATTER OF:       ARTICLES 22, 23, 27, 40, 47, 60, 63, & 258 OF THE

CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF:       CONTRAVENTION OF FUNDAMENTAL RIGHS &

FREEDOMS UNDER ARTICLES 27, 40, 47, 60 & 63

OF THE CONSTITUTION OF KENYA, 2010

BETWEEN

PHILIP SUBILI RIGHO & 8 OTHERS.....................................PETITIONERS

=VERSUS=

1. MICHAEL SETH KASEME

2. HASSAN BARISA KALIME

3. SAMUEL KINGI MWANGI

4. COUNTY COUNCIL OF TANA RIVER................................RESPONDENTS

R U L I N G

The Petitioners' Notice of Motion dated 14th December 2012 is allowed as prayed.

The reasons for this Ruling are in my Ruling of today's date in Malindi Land Case Number 168 of 2012; Bahola Mkalindi Rhigho -vs- Michale Seth Kaseme & 2 Others.

The facts and the law in the Petitioners' Notice of Motion dated 14th December 2012 and Land Case No. 168 of 2012 are the same.

The parties in this Petition and in Land Case Number 168 of 2012 should consider consolidating the two suits and take directions to that effect.

Dated and Delivered in Malindi this 27th day of September,2013

O. A. Angote

Judge