Saadia Abdullahi Shariff, Taramoe Aungong, Alidoo Kuya, Ahmed Shariff Mohamed,Hussein Billow Osman, Mahamud Ahmed Omar, Mohamud Sheikh Ibrahim, Barre Abdi Hayle, Amina Hassan Gele, Adbi Aden & Mohamed Sharrif Ahmed v Antony Kimemia, County Government Of Isiolo, Isiolo County Chief Executive Officer In Charge Of Lands,County Physical Planner – Isiolo, County Surveyor – Isiolo, National Lands Commission & Attorney General [2021] KEELC 159 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT ISIOLO

ELCC NO. E009 OF 2021

SAADIA ABDULLAHI SHARIFF………………………….1ST PLAINTIFF

TARAMOE AUNGONG……………………………………..2ND PLAINTIFF

ALIDOO KUYA……………………………………………….3RD PLAINTIFF

AHMED SHARIFF MOHAMED…………………………..4TH PLAINTIFF

HUSSEIN BILLOW OSMAN……………………………….5TH PLAINTIFF

MAHAMUD AHMED OMAR……………………………...6TH PLAINTIFF

MOHAMUD SHEIKH IBRAHIM………………………….7TH PLAINTIFF

BARRE ABDI HAYLE………………………………………8TH PLAINTIFF

AMINA HASSAN GELE……………………………………9TH PLAINTIFF

ADBI ADEN…………………………………………………10TH PLAINTIFF

MOHAMED SHARRIF AHMED………………..…………11TH PLAINTIFF

VERSUS

ANTONY KIMEMIA………………………….……………1ST DEFENDANT

COUNTY GOVERNMENT OF ISIOLO….……....……...2ND DEFENDANT

ISIOLO COUNTY CHIEF EXECUTIVE OFFICER

IN CHARGE OF LANDS….………………………..……..3RD DEFENDANT

COUNTY PHYSICAL PLANNER – ISIOLO…...………4TH DEFENDANT

COUNTY SURVEYOR – ISIOLO….…………….……...5TH DEFENDANT

NATIONAL LANDS COMMISSION….………….……..6TH DEFENDANT

THE HON. ATTORNEY GENERAL….….…….……….7TH DEFENDANT

RULING

1. This matter came up for directions on 20/12/2021.  It could not proceed for the following reasons:

a) The first defendant complained that his advocate was not in court.  He told the court that his advocate was called Joshua Mwiti.

b) M/S Audrey Mbinjiwe Muia Mwanzia told the court that two of her witnesses had died and asked the court to give her 60 days to put her house in order.  She decried that the 1st defendant was in the habit of changing advocates.  She told the court that the advocate he had mentioned, Mr. Joshua Mwiti, was not on record that he represented the 1st defendant.

2. I issue the following orders.

1. The plaintiffs’ advocate is directed to serve the orders issued by the court today upon all absent advocates within 14 days of today.

2. The plaintiffs’ advocate, as she has requested, is granted 60 days to put her house in order.

3. With concurrence of the plaintiffs’ advocate and Anthony Kimemia alias Timothy Kimemia, the 1st defendant, DIRECTIONS ON  7/3/2022

Written and delivered in open court at Isiolo this 20th day of December 2021 in the presence of:

Court Assistant:  Denge

Audrey Mbijiwe Muia Mwanzia for the plaintiffs

Anthony Kimemia alias Timothy Kimemia – 1st defendant

HON. JUSTICE P. M. NJOROGE

ELC JUDGE, ISIOLO