Runda Gardens Residents Association v Nairobi City County & 3 others [2019] KEELC 3096 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC CIVIL CASE NO. 1283 OF 2016

RUNDA GARDENS RESIDENTS ASSOCIATION..........PLAINTIFF/APPLICANT

VERSUS

NAIROBI CITY COUNTY....................................1ST DEFENDANT/RESPONDENT

NATIONAL CONSTRUCTION AUTHORITY....2ND DEFENDANT/RESPONDENT

NATIONAL ENVIRONMENTAL

MANAGEMENT AUTHORITY...........................3RD DEFENDANT/RESPONDENT

YASIN MOHAMED JAMAL..............................4TH DEFENDANT/RESPONDENT

RULING

1. The notice of motion dated 14th October 2016 was brought under a certificate of urgency.  It is now more than three (3) years.  The said application has not been heard and determined to date.

2. I am guided by Section 19 of the ELC Act in directing that the hearing of the main suit be expedited.  Accordingly, I direct that the notice of motion dated 14th October 2016 and the preliminary objection dated 1st November 2016 be dispensed with.

3. Parties do comply with pretrial directions so that the suit can be heard fully.

It is so ordered.

Dated, signed and delivered in Nairobi on this 9TH day of MAY 2019.

L. KOMINGOI

JUDGE

In the presence of:-

.........................Advocate for the Plaintiff

.................Advocate for the Defendants

.......................................Court Assistant