Kimuri v Commissioner of Lands & 5 others (Civil Application 26 of 2016) [2021] KECA 361 (KLR) (17 December 2021) (Ruling)
Neutral citation number: [2021] KECA 361 (KLR)
Republic of Kenya
Civil Application 26 of 2016
DK Musinga, JA
December 17, 2021
Between
Wilson Theuri Kimuri
Applicant
and
Commissioner of Lands
1st Respondent
Chief Lands Registrar
2nd Respondent
Municipal Council of Nanyuki
3rd Respondent
Jenifferkoinantekihoro
4th Respondent
Mary Mumbigithinji
5th Respondent
Joseph Wachiragithinji
6th Respondent
(Being an appeal against the judgment and Decree of Hon. Mr. Justice A. Ombwayo, J. dated 11th August, 2015 and delivered on 22nd September, 2015 in Misc. Appl.No.4 of 2013)
Ruling
1.The applicant’s Notice of Motion dated 13th November 2017 seeks an order for substitution of the 3rd respondent, Municipal Council of Nanyuki by the County Government of Laikipia. The application is brought on grounds that the 3rd respondent is an entity that is defunct pursuant to coming into force of the Constitution of Kenya, 2010 that repealed the Local Government Act Cap 265 of the Laws of Kenya; that the County Government of Laikipia is the successor in title and in law of the 3rd respondent and therefore it is only proper that the 3rd respondent be substituted by the County Government of Laikipia.
2.The application is not opposed. I am satisfied that the same is well founded and I grant the orders as sought.
DATED AND DELIVERED at NAIROBI this 17th day of December, 2021D. MUSINGA (P)..............................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR