Sairi v County Government of Kajiado & 8 others [2024] KEELC 4204 (KLR)

Sairi v County Government of Kajiado & 8 others (Environment & Land Case 60 of 2020) [2024] KEELC 4204 (KLR) (14 May 2024) (Ruling)

Neutral citation: [2024] KEELC 4204 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Case 60 of 2020

MN Gicheru, J

May 14, 2024

Between

Lengur Ole Sairi

Plaintiff

and

County Government Of Kajiado

1st Defendant

Kajiado Lands Registrar

2nd Defendant

Grace Mumbi Muthoni

3rd Defendant

Shirima Firminus Msue

4th Defendant

Isaiah Wachira Gichohi

5th Defendant

Rose Wanjiru Kariuki

6th Defendant

Peter Morara Mogeri

7th Defendant

Wesley Risancho Kasuku

8th Defendant

Mageh Investments Limited

9th Defendant

Ruling

1. On 24th April 2024, this case came up for notice to show cause why it should not be dismissed for want of prosecution. The suit was filed on 16th September 2020 simultaneously with an application for injunction which sought to restrain the defendants from entering, encroaching, trespassing, working, developing, constructing, selling or disposing L.R. Kajiado/Olchoro-Onyore/8727, 8728, 8729 and 8730 together with any subsequent subdivisions. The motion was dismissed on 3/11/2021.

2. Since the dismissal of the motion on 3/11/2021, the plaintiff has not taken any step to prosecute the suit. The matter has come up before court on 1/12/2021, 14/3/2022, 23/6/2022, 6/12/2021, 21/3/2023, 23/11/2023 and finally on 24/4/2024. On all those dates, the court has been coaxing the plaintiff to prosecute the case or it be dismissed.

3. On 24/4/2024, all that the plaintiff’s counsel could do was to ask for more time to file evidence in the case.

4. Since the year 2010, it has been the requirement of the law that at the filing of a plaint, the plaintiff also files the following,b.A list of witnesses to be called at the trial.a.Written statements signed by the witnesses excluding expert witnesses.b.Copies of documents to be relied on at the trial including a demand letter before action.This is as per Order 3 rule 2 of the Civil Procedure Rules. The requirements to file the plaint together with the accompanying material is mandatory. There is a mandatory shall in subsection (2).

5. Section 3(1) of the Environment and Land Act requires that land cases be heard in a manner that is just, expeditious, proportionate and affordable. Sections 1A and 1B of the Civil Procedure Act repeat the same requirement. Article 159 of the Constitution of Kenya requires that justice should not be delayed.

6. From the above, it is obvious that the plaintiff has failed to comply with mandatory provisions of the law. Soon, it will be four (4) years since this suit was filed. The plaintiff has not only failed to prosecute the suit but he has also failed to demonstrate that he has any evidence to prove the serious allegations that he made in his pleadings. Worse still, he has failed to demonstrate passion on gathering any evidence at all.I find that the plaintiff has no cause to show why this suit should not be dismissed. I dismiss it under Order 17 Rule 2 (1) Civil Procedure Rules with costs to the defendants.

DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 14TH DAY OF MAY 2024. M.N. GICHERUJUDGE