Republic v Land Adjudication Officer Meru South/Maara District; M’riba Rumukia & Mwenda Kajogi (Interested Party) Ex parte Zachary Njeru Mugambi, M’ndereba Magiri & Francis Kaburu Johnson [2020] KEELC 978 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC JUDICIAL REVIEW CASE NO. 21  OF 2017

FORMERLY MERU ELC  JUDICIAL REVIEW CASE NO. 615 OF 2013

REPUBLIC..................................................................APPLICANT

VERSUS

LAND ADJUDICATION OFFICER

MERU SOUTH/MAARA DISTRICT.......................RESPONDENT

M’RIBA RUMUKIA...............................1ST INTERESTED PARTY

MWENDA KAJOGI.............................2ND INTERESTED PARTY

EX-PARTE:

ZACHARY NJERU MUGAMBI........................1ST APPLICANT

M’NDEREBA MAGIRI.....................................2ND APPLICANT

FRANCIS KABURU JOHNSON....................3RD APPLICANT

RULING

1.  This application is dated 26th February, 2020 and seeks orders:

1. The honourable court be pleased to order for the cancellation of all the sub-divisions of P/NO.87 Lower Kandungu Adjudication Section to enable implementation of the decree of this court.

2. The honourable court be pleased to make any other orders as may meet the ends of Justice.

3. Costs be provided for.

2. The application has the following grounds:

A.The order of this court requiring the implementation of the decision of Kandungu Adjudication Committee made on 20. 3.2001 cannot be implemented unless the original parcel No. 87 which has since been subdivided into 8 portions, the said subdivision is cancelled.

B. The said subdivisions were done after the decision of Adjudication Committee made on 20. 3.2001 had already been made.

3. The application is supported by the affidavit of FRANCIS KABURU, the applicant, sworn on 26th February, 2020.

4. When the application was heard, Mr. Kimathi Kiara, the applicant’s advocate told the court that the application was meant to facilitate implementation of this court’s decree.

5. The 2nd Interested Party, Mwenda Kanjogi, told the court that he agreed with the court’s decision and felt that it was inspired by the Holy spirit.

6. In the circumstances, the following orders are issued:

a) Prayer 1 in the application is allowed.

b)  Costs are awarded to the applicant.

Delivered in open Court at Chuka this 13th day of October, 2020 in the presence of:

CA: Ndegwa

Kimathi Kiara for the Ex-parte applicants

Mwenda Kanjogi – 2nd Interested Party

P.M. NJOROGE

JUDGE