Republic v National Land Commission; Leting & 2 others (Suing as the Executors of the Estate of Joseph Tendenei Arap Leting) (Exparte Applicant); Trustees, Kenya Railways Staff Retirement Benefits Scheme (Interested Party) [2024] KEELC 925 (KLR)

Republic v National Land Commission; Leting & 2 others (Suing as the Executors of the Estate of Joseph Tendenei Arap Leting) (Exparte Applicant); Trustees, Kenya Railways Staff Retirement Benefits Scheme (Interested Party) (Environment and Land Judicial Review Case 11 of 2018) [2024] KEELC 925 (KLR) (22 February 2024) (Ruling)

Neutral citation: [2024] KEELC 925 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Judicial Review Case 11 of 2018

LN Mbugua, J

February 22, 2024

Between

Republic

Applicant

and

National Land Commission

Respondent

and

Cecilia Chepkoech Leting, Maureen Cheptoo Leting & Antonio Kiprop Leting (Suing as the Executors of the Estate of Joseph Tendenei Arap Leting)

Exparte Applicant

and

The Trustees, Kenya Railways Staff Retirement Benefits Scheme

Interested Party

Ruling

1. This matter was scheduled for judgment on 22. 2.2024. A perusal of the file reveals that the matter was consolidated, then deconsolidated with ECC 639/2015 and 302 of 2015. During the period of consolidation, the lead file was 639/2015.

2. I find that even if the files have been deconsolidated, the former lead file 639/2015 is at the tail end whereby, the hearing has been finalized before me and the matter is scheduled for mention for submissions on 24. 4.2024.

3. For the sake of harmony and sanctity of decisions, the court will deliver the judgment herein simultaneously with the judgment in case No. 639 of 2015.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF FEBRUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ongicha for Exparte ApplicantM/s Njuguna for 1st RespondentWafula for 1st Interested PartyMacharia for 2nd Interested PartyCourt assistant: Eddel