Stanley Mutegi G. Muguongo, Lameck Mati Edward (Suing As Legal Representative of Edward Rutere, Kanamiu M’murithi Kaburi & Justus Karuki Munyua v County Government of Tharaka Nithi, Attorney General & National Land Commission [2019] KEELC 3501 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO. 01 OF 2018
STANLEY MUTEGI G. MUGUONGO...........................................1ST PETITIONER
LAMECK MATI EDWARD
(SUING AS LEGAL REPRESENTATIVE
OF EDWARD RUTERE..................................................................2ND PETITIONER
KANAMIU M’MURITHI KABURI..............................................3RD PETITIONER
JUSTUS KARUKI MUNYUA........................................................4TH PETITIONER
VERSUS
COUNTY GOVERNMENT OF THARAKA NITHI.................1ST RESPONDENT
THE ATTORNEY GENERAL....................................................2ND RESPONDENT
THE NATIONAL LAND COMMISSION..................................3RD RESPONDENT
RULING
1. This matter came up for directions concerning the fixing of the date for judgment. The petitioners asked the court to give them another mention date so that they can seek the attendance of Mr. Mwirigi Kaburu, their advocate.
2. Mr. Nyamu Nyaga, the 1st respondent’s advocate asked the court to allow him to file apposite authorities.
3. I find it necessary, in the interest of justice and in the public interest, to have the AG and the National Land Commission served with the orders issued by the court today to enable them, if they find it necessary, to respond to the petition and to file submissions.
4. I issue the following orders:
1. The 1st respondent is allowed to file its authorities.
2. The 1st respondent is directed to serve upon the AG and the National Land Commission with their responses to the petition and the submissions they have filed in respect thereof within the next 14 days.
3. The AG and the National Land Commission are allowed to file responses and submissions within 14 days after receipt of service upon them of the orders issued by the court today.
4. The petitioners who are in court today are directed to ask their advocate to come to court for directions on 7th May, 2019.
5. It is so ordered.
Delivered in open Court at Chuka this 25th day of March, 2019 in the presence of:
Nyamu Nyaga for 1st Respondent
1st, 2nd and 3rd Petitioners present
P.M. NJOROGE
JUDGE