Seleka & 4 others v Leturesh & 16 others [2023] KEELC 20784 (KLR)

Seleka & 4 others v Leturesh & 16 others (Environment & Land Case 341 of 2019) [2023] KEELC 20784 (KLR) (16 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20784 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 341 of 2019

LN Mbugua, J

October 16, 2023

Between

Kasaine Ole Seleka

1st Plaintiff

James Mokoire Moonka

2nd Plaintiff

John Milia Muli

3rd Plaintiff

Kilelo Ole Seita

4th Plaintiff

Manina Rikoyian

5th Plaintiff

and

Daniel Kiria Leturesh

1st Defendant

Elijah Keen Naini

2nd Defendant

Joseph Kipaipai Ntaani

3rd Defendant

Eustace N Kithumbi

4th Defendant

Josiah K Lessan

5th Defendant

Director of Land Adjudication & Settlement

6th Defendant

Ministry of Lands and Physical Planning, County Surveyor Kajiado

7th Defendant

Registrar of Lands Kajiado

8th Defendant

Director of Physical Planning, Kajiado County

9th Defendant

Registrar of Community Land

10th Defendant

Leperes Ole Kosei

11th Defendant

Thomas Marimpet

12th Defendant

Lenkishon Kamiti Sitoyi

13th Defendant

Keen Ole Nkomiya

14th Defendant

Rinkoine Kalama

15th Defendant

Simon Mpute Oloitipitip

16th Defendant

Loningo Ole Sereka

17th Defendant

Ruling

1. This ruling relates to the application for adjournment made by counsel for 7th – 9th defendants on the ground that they have difficulties reaching to their clients. The application is opposed by counsel for plaintiff but is supported by counsel for 1st – 3rd defendants.

2. The records indicate that way back on 26. 7.2022, the matter was in court for Pretrial Directions when counsel Motari for 7th – 9th defendants sought 21 days to comply with order 11. The court gave then 45 days to comply and set the matter down for further Pretrial Direction on 31. 1.2023 in open court. The said defendants never turned up in court again until today.

3. In the case of Virginia Kathambi Maingi v Nicholas Mwatika & 2 others [2021] eKLR, the court had this to say on the issue of Pre trial directions:“practice Directions act as a reflux value to facilitate progress and avoid stagnation in resolution of disputes.”

4. In the case of Moschion v Mwangi (ELC Case No 350 of 2018) [2023] KEELC 17144 (KLR), I stated that the right to be heard is sacrosanct but only available to parties who don’t drive themselves from the seat of justice.

5. The 7th – 9th defendants have heard one year and 3 months (since July 2022) to prepare for the case, but since then, they have never bothered to appear in court for purposes of preparing for the trial. They are not even sure if their pleadings have been duly served.

6. In the circumstances, I decline to allow the prayer for adjournment. On the same breadth, I decline the application for counsel for 7th – 9th defendants to cease acting.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE