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ELCAllowedNot stated in the judgment· [2026] KEELC 5053 (KLR)
Republic v Attorney General & 18 others; Makunyu & 112 others (Ex parte Applicants) (Environment and Land Miscellaneous Application E038 of 2025) [2026] KEELC 5053 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a brief ex-tempore ruling delivered by B M Eboso, ELC Judge, at Meru on 20 July 2026, in a matter scheduled for judgment on that day. By an application dated 29 June 2026, the 17 interested parties sought leave to file and serve written submissions. This marked a change of position: on 19 February 2026 they had informed the court that they were adopting the position of the ex-parte applicants. The application was not opposed by any party. The court, finding no opposition, allowed the application and granted the interested parties leave to file and serve their written submissions. Noting that it would inevitably need to consider those submissions before rendering judgment, the court rescheduled the delivery of judgment to Tuesday 21 July 2026 at 3.00 p.m. On costs, the court ordered that the interested parties bear the costs of the application. The ruling contains no determination of the substantive dispute, no discussion of authorities or statutes, and no findings on the underlying claim; it is purely procedural. The names and case number of the parties are not reproduced in the document, and counsel listed as present were Ms Otieno for the ex-parte applicants, Ms Wairimu for the respondents, and Mr Muthomi for the 17 interested parties, with Mr E. Tupet as court assistant.
Key legal issues
#01
Whether to grant leave to the interested parties to file written submissions after earlier adopting the applicants' position
Holding
Leave granted since the application was unopposed
Reasoning
The interested parties had earlier adopted the position of the ex-parte applicants but changed their mind and sought leave to file written submissions. The application drew no opposition, and the court allowed it in the exercise of its discretion, rescheduling judgment to consider the submissions.
p. 2
Legal principles established
#- Where an application is unopposed, the Court will allow it
Court orders
#- 1.Leave granted to the 17 interested parties to file and serve written submissions
- 2.Judgment delivery rescheduled to Tuesday 21/7/2026 at 3.00 p.m.
- 3.The interested parties to bear costs of the application
- Jurisdiction invoked
- Not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Attorney General & 18 others; Makunyu & 112 others (Ex parte Applicants) (Environment and Land Miscellaneous Application E038 of 2025) [2026] KEELC 5053 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5053/eng@2026-07-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.