Robert Muchangi & Edsor Kathuni v County Government of Tharaka Nithi [2017] KEELC 2077 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 42 OF 2017

FORMERLY MERU ELC CASE NO.14 OF 2014

ROBERT MUCHANGI…………………..…………....….1ST PLAINTIFF

EDSOR KATHUNI……………………………………....2ND PLAINTIFF

VERSUS

COUNTY GOVERNMENT OF THARAKA NITHI…….......DEFENDANT

RULING

1. The parties asked the court to adopt a consent they proffered. The consent is in the following terms:

CONSENT ORDER

That by consent of counsels and the parties herein

a) That the status quo be maintained in the following terms;

i) That the 1st and 2nd plaintiffs be in occupation, user and possession of the suit land plot 92,CHUKA TOWN pending hearing and determination of the suit.

ii) That the plaintiffs should not deal with the suit land in any way that affects the ownership, either sell, dispose, allot or demolish structures therein pending hearing and determination of the suit.

2. The consent is adopted as an order of this court.

3. The parties are ordered to fully comply with order 11, CPR within 60 days of today.

4. Parties are directed to come to court for directions on 25. 10. 2017.

5. It is so ordered.

Delivered in open court at Chuka this 27th day of July, 2017 in the presence of:

CA: Ndegwa

Mwiti for the plaintiffs

Kirimi h/b Obeto for 2nd to 4th defendants

Kirimi h/b Murango Mugenda for 1st defendant

P. M. NJOROGE,

JUDGE.