Fatuma Dullo & others v Cabinet Sec Ministry of Lands and Physical Planning & another; County Government of Isiolo (Interested party) [2021] KEELC 293 (KLR)

Fatuma Dullo & others v Cabinet Sec Ministry of Lands and Physical Planning & another; County Government of Isiolo (Interested party) [2021] KEELC 293 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT ISIOLO

PETITION. NO. 002 OF 2021

HON. FATUMA DULLO & OTHERS...............................PETITIONERS

VERSUS

CABINET SEC. MINISTRY OF LANDS                                                      

& PHYSICAL PLANNING ............................................1st RESPONDENT

THE ATTORNEY GENERAL.....................................2ND RESPONDENT

AND

COUNTY GOVERNMENT OF ISIOLO.............INTERESTED PARTY

RULING

1. On 8th November, 2021 advocates representing the parties agreed to exchange pleadings with a view to finding concurrence regarding if or if not Meru ELC Petition No. 207 of 2020 would be consolidated with Meru Petition 28 of 2019.

M/S Kungu, for the Attorney General undertook to start off the process of exchanging the apposite proceedings.  The parties agreed to come back to court for further directions on 6/12/2021 but on that day the court was not sitting.  Notices were properly issued for the parties to come to court for directions on 14/12/2021.

2. On 14/12/2021, M/S Kungu had not started off the process of exchanging pleadings.  Only the petitioners’ advocate had done so.

3. In the circumstances, the following orders are issued:

a) Petition No. 207 of 2021 is not to be consolidated with any other petition

b) The petitioners to file and exchange written submissions within 14 days of today and the defendants to do so within 14 days after receipt of the petitioners’ written submissions.

c) By consent of counsels present, directions on 7/2/2022.

WRITTEN AND DELIVERED IN COURT AT ISIOLO THIS 14TH DAY OF DECEMBER, 2021 IN THE PRESENCE OF:

COURT ASSISTANT: BALOZI

DAVIS KORIR H/B MOSES KURGAT FOR THE PETITIONERS

NYENYIRE H/B M/S KUNGU FOR THE AG FOR THE 1ST AND 2ND RESPONDENTS

ASHAVA H/B ABUBAKAR FOR THE 3RD, 4TH AND 5TH PETITIONERS

…………………………………

HON. JUSTICE P. M. NJOROGE

E.L.C JUDGE, ISIOLO

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