George Gatembu (Suing as Legal representative of the estate of Joseph Muguna – Deceased) v Elijah Mutegi M’Rwito & 10 others [2021] KEELC 4029 (KLR)
The bottom line
#The Meru Environment and Land Court refused to jump its own scheduled directions, deferring a last-minute preliminary objection and setting a ruling date of 26 May 2021.
What this practically means
#Executive summary
#Key legal issues
#Sequencing of post-judgment directions and a late-filed preliminary objection
The court declined to hear the preliminary objection out of the scheduled purpose, fixing a ruling date for the pending applications instead
The record showed post-judgment proceedings commenced on 4.11.2019 after judgment of 25.10.2019, with directions on 16.1.2020 and 26.1.2021 on prosecuting pending applications. The 9.3.2021 date was for confirming filings of submissions. A preliminary objection filed that very day could not displace the scheduled purpose, so the court set a ruling date of 26.5.2021 for the pending applications.
Electronic delivery of rulings under COVID-19 practice directions
The ruling was delivered by electronic mail, with parties deemed to have waived open-court pronouncement under Order 21 rule 1 of the Civil Procedure Rules
Relying on the Chief Justice's practice directions of 17 March 2020 (Gazette Notice No. 3137) restricting court operations due to COVID-19, and the date having been given virtually via Microsoft Teams, the court delivered the ruling by electronic mail and deemed the parties to have waived the requirement of pronouncement in open court.
Legal principles established
#- Where court directions confine a hearing date to confirmation of filings, a party cannot have a different matter (a preliminary objection) heard on that date contrary to the directions
Court orders
#- 1.The court will proceed to give a ruling date in respect of the pending applications
- 2.Ruling on the pending applications to be delivered on 26.5.2021
- 3.The Ruling deemed delivered by electronic mail, with parties deemed to have waived compliance with Order 21 rule 1 of the Civil Procedure Rules requiring pronouncement in open court
- Jurisdiction invoked
- Environment and Land Court jurisdiction (original matter, ELC Case No. 70 of 2012); no specific provision invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Gatembu (Suing as Legal representative of the estate of Joseph Muguna – Deceased) v Elijah Mutegi M’Rwito & 10 others [2021] KEELC 4029 (KLR)", Case Analysis (2021). ELC Case No. 70 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4029/eng@2021-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.