Sarah Njambi Mwaniki, John Gatune Kimani, Simon Kori Murage, Muriithi Mbunya, Rahab Wanjiru Wachira & Senior Scheme Manager, Mwea Irrigation Settlement v Daniel Kariuki Kamau [2019] KEELC 1278 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KERUGOYA

MISC. JUDICIAL REVIEW APPLICATION NO. 2 OF 2019

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF PROHIBITOIN AND CERTIORARI

IN THE MATTER OF RICE HOLDING NO. 155 TEBERE SECTION UNIT 7

AND

IN THE MATTER OF CIVIL PROCEDURE ACT

AND

IN THE MATTER OF THE ESTATE OF JOSEPH KAMAU KARIUKI (DECEASED)

IN THE MATTER OF REPUBLIC OF KENYA

VERSUS

SARAH NJAMBI MWANIKI..............................................1ST RESPONDENT

JOHN GATUNE KIMANI...................................................2ND RESPONDENT

SIMON KORI MURAGE....................................................3RD RESPONDENT

MURIITHI MBUNYA..........................................................4TH RESPONDENT

RAHAB WANJIRU WACHIRA..........................................5TH RESPONDENT

SENIOR SCHEME MANAGER, MWEA IRRIGATION

SETTLEMENT.....................................................................6TH RESPONDENT

AND

DANIEL KARIUKI KAMAU....................................EX-PARTE APPLICANT

RULING

BACKGROUND

This is an Ex-parte application brought by the Ex-parte Applicant under the Civil Procedure Rules 2010.  Thought the relevant order has not been cited, the same presumably is brought under Order 53 Rule 2 C.P.R.  The application is supported by grounds apparent on the face of the application.  The application is further supported by a statement of facts, an affidavit, verifying the correctness of the facts relied upon.

The 4th Respondent filed a replying affidavit opposing the same.

I have considered the Ex-parte Notice of Motion and the supporting documents.  I have also considered the replying affidavit sworn by the 4th Respondent.  Ordinarily, an application for leave under Order 53 Rule 2is Ex-parte in nature.  I find the application merited and the same is allowed.

Consequently, the Ex-parte Applicant is granted leave to file a substantive motion within 21 days from today.

READ, DELIVERED and SIGNED in open Court at Kerugoya this 4th day of October, 2019.

E.C. CHERONO

ELC JUDGE

4TH OCTOBER, 2019

In the presence of:

1. Applicant – absent

2. Respondents – absent

3. Wachira – Court clerk – present