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ELCOtherELC Petition No. 32 of 2016· [2017] KEELC 162 (KLR)
M’anyiri Hannington Gitari & another v Yetu Sacco Ltd & another [2017] KEELC 162 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The court delayed its ruling because a key affidavit was missing from the file, so no decision was made against Yetu Sacco yet.
What this practically means
#Executive summary
#This brief document is a procedural ruling order issued by the Environment and Land Court at Meru in Petition No. 32 of 2016, a constitutional petition brought by M'Anyiri Hannington Gitari and James M'Itonga Mirianga against Yetu Sacco Ltd and I.G. Ringera t/a Viewline Auctioneers. The petition invokes Articles 22(1), 40(1), 48 and 50(1) of the Constitution, alleging contravention of rights and fundamental freedoms in a matter concerning Sections 90, 96(2) and 97 of the Land Act and Rule 11(b)(x) of the Auctioneers Rules, evidently relating to exercise of a statutory power of sale and auctioneers' conduct. The court was seized of an application dated 11 November 2016 said to be supported by the affidavits of both petitioners. Justice L.N. Mbugua recorded that the application appeared to be supported by the affidavits of Hannington Gitari and James M'Itonga Mirianga, but that the affidavit of the 2nd Petitioner could not be located on the file. The court accordingly put the ruling on hold, directing the Petitioners' Counsel to avail the missing document. The order was delivered in open court at Meru on 4 October 2017, with counsel for the petitioners and both respondents present. The document does not determine the petition or the application on the merits, makes no findings on the alleged constitutional violations, and issues no costs order; it is a purely interlocutory adjournment of the ruling pending completion of the record.
Key legal issues
#Legal principles established
#Court orders
#- 1.Ruling put on hold pending the Petitioners' Counsel availing the affidavit of the 2nd Petitioner
- Jurisdiction invoked
- Article 22(1) of the Constitution of Kenya 2010; Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules, 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M’anyiri Hannington Gitari & another v Yetu Sacco Ltd & another [2017] KEELC 162 (KLR)", Case Analysis (2017). ELC Petition No. 32 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/162/eng@2017-10-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.