Stephen Muriira Makero (As Legal Representative of the Estate of M'makero Kaendo) v Moses Mungania, Joyce Kinya, Stephen Murimi, Rose Muthoni, Land Adjudication Officer, Tigania West District & Attorney General [2017] KEHC 6950 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC SUIT NO. 126 OF 2012

STEPHEN MURIIRA MAKERO (as legal representative of

the estate of M'MAKERO  KAENDO........................................PLAINTIFF

VERSUS

MOSES MUNGANIA …...................................................1ST DEFENDANT

JOYCE KINYA …..............................................................2ND DEFENDANT

STEPHEN MURIMI...........................................................3RD DEFENDANT

ROSE MUTHONI...............................................................4TH DEFENDANT

THE LAND ADJUDICATION OFFICER,

TIGANIA WEST DISTRICT...............................................5TH DEFENDANT

THE HONOURABLE ATTORNEY GENERAL….............6TH DEFENDANT

ORDER/RULING

The matter was coming up today to confirm if the parties have complied with the Court's Orders of 09:11:16 Counsel for Plaintiff, Mr. D. Rimita has requested the Court to give  a hearing date notwithstanding the fact that the other parties have not complied.

Mr. Kibiti  has told the Court that on the part of 1st -4th defendant, there is full compliance.

Mr. Kiety for 5th and 6th defendants  states that they  are not adding much but prays for leave to put in any further documents.

A perusal of the Court's record show that this is an old matter where the plaint was filed  way back  on 22. 06. 12.

The issue  of   compliance  dates (or lack of it) back to 23:07:15 and almost  4 years down the line, that   issue is still  running.

Pursuant to provisions of S. 1 A (3) of the  Civil Procedure Act

“a party to Civil Proceedings or an Advocate for such a party is UNDER A DUTY TO ASSIST THE COURT  to further the overriding objective of the Act and to that effect to participate in the processes    of the Court and to COMPLY WITH THE DIRECTIONS OF AND ORDERS OF THE COURT.

Further article 159  2 (b) of the Constitution  requires that justice be expedited.

I  also make reference to the case of Hunker Trading Company Ltd Vs ELF Oil Kenya Ltd Court of Appeal Nairobi.  Civil App. No. 6 of 2010where the Court Made  reference  to the case of Mradula Suresh Kantaria and Surech Nanillal Kaptaria Civil Appeal No. 277 of 2005 (unreported) where it had been observed that:-

“ in  this regard  we believe  one of the Principal  purposes of the double “OO Principle “ is to enable the Court to take  Case Management Principles to the Centre of the Court Process in each case coming  before it so as to conduct proceedings in a manner which  makes the  attainment of justice FAIR, QUICK, and CHEAP”.

This  Court  is duty bound to carry out its mandate in accordance with the law (Constitution, statute and case law).

In light of the  history of this case,  I decline to allow any more time for compliance.  The Court will proceed to give directions on how the trial will proceed, and the Pretrial Directions will be captured in the template dated 08. 03. 17.

DELIVERED IN OPEN COURT AT MERU THIS 8TH MARCH, 2017

IN THE PRESENCE OF:-

CA: Janet

Rimita for the Plaintiff

Kibiti for 1st to 4th Defendants

kiety  for 6th defendant -state

L.N. MBUGUA

JUDGE