Mbeere Elders Welfare Advisory Group & 4 others v Attorney General & 7 others; Justin Nyaki Ngure & 14 others (Proposed Interested Parties/Applicants); Naomey Muthoni Nyagah & 293 others (Proposed Respondents) [2018] KEELC 209 (KLR)

Citation: Mbeere Elders Welfare Advisory Group & 4 others v Attorney General & 7 others; Justin Nyaki Ngure & 14 others (Proposed Interested Parties/Applicants); Naomey Muthoni Nyagah & 293 others (Proposed Respondents) [2018] KEELC 209 (KLR)
Media Neutral Citation: [2018] KEELC 209 (KLR)
Court: Environment and Land Court
Court station: Environment and Land Court at Chuka
Case number: ? 1 of 2014
Alternative citations: Mbeere Elders Welfare Advisory Group & 4 others v Attorney General & 7 others; Justin Nyaki Ngure & 14 others (Proposed Interested Parties/Applicants); Naomey Muthoni Nyagah & 293 others (Proposed Respondents) [2018] eKLR
Judges: FM Njoroge
Judgment date: 10 December 2018
Language: English
Type: Judgment
Original source file: Download DOCX (21.7 KB)

Case action: Ruling
Court division: Environment and Land

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REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

EMBU ELC PETITION CASE NO. 01 OF 2014

IN THE MATTER OF ARTICLES 62 (20), 63(1), (2), (3) AND 67 OF THE CONSTITUTION OF KENYA

AND

THE LAND ADJUDICATION ACT, CAP 284, LAWS OF KENYA

AND

IN THE MATTER OF CONTRAVENTION AND / OR APPREHENDED CONTRAVENTION OF MBEERE COMMUNITY RIGHTS AND INTERESTS IN LAND IN ALL THAT TRUST LAND

KNOWN AS MWEA WITHIN THE AREAS KNOWN AS KARABA, WACHORO, RIAKANAU, GATEGI AND MAKIMA UNDER

ARTICLES 62 (20, 63(1), (2) AND 67 OF THE CONSTITUTION OF KENYA

BETWEEN

MBEERE ELDERS WELFARE ADVISORY GROUP & 4 OTHERS.......................................PETITIONERS

AND

THE ATTORNEY GENERAL & 7 OTHERS.............................................................................RESPONDENTS

AND FURTHER

JUSTIN NYAKI NGURE & 14 OTHERS......235^TH – 249 PROPOSED INTERESTED PARTY/APPLICANT

VERSUS

NAOMEY MUTHONI NYAGAH & 293 OTHERS.............................9^TH – 303 PROPOSED RESPONDENTS

RULING

1. This application was listed in the Chuka ELC’s Cause List on 10^th December, 2018. On its face it is stated that it has been brought to court under Order 51 Rule 1 and Order 40 Rule 2 of the Civil Procedures Rules 2010 and Sections 3, 3A and 63 of the Civil Procedure Act and all enabling provisions of the law.

2. The application seeks the following orders:

1. That this application be certified as urgent and service thereof be dispensed with in the first instance.

2. That this honourable court be pleased to stay all proceedings herein pending hearing and determination of this application inter partes.

3. That this honourable court be pleased to stay all proceedings herein pending hearing and determination of High Court Civil Case Number 6 of 2018 in the High Court of Kenya at Embu inter partes.

4. That this honourable court be pleased to grant orders restraining the firm of Njiru Kithaka & Co. Advocates whether by themselves, agents, servants or otherwise from coming on record and/or acting for the 1^st petitioner herein pending the hearing and determination of High Court Civil Case Number 6 of 2018 in the High Court of Kenya at Embu inter partes.

5. That costs of this application be provided for.

3. The application has 10 general grounds and is supported by the affidavit of ESTON NYAGA NTHIGA, the 2^nd applicant, who is the Chairman of the 1^st Applicant.

4. The applicants are not in court. I issue the following orders:

a) Matter is NOT certified urgent BUT it is to be heard on priority basis.

b) The petitioners to serve the application upon the respondents.

c) Application to be head by or directions given by the Hon. Justice Angima, ELC Judge, Embu, on 18^th December, 2018

Delivered in open Court at Chuka on 10^th December, 2018 in the presence of:

CA: Ndegwa

Miss Kungu for the AG

Other parties absent

P.M. NJOROGE

JUDGE

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