REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA CHUKA JUDICIAL REVIEW CASE NO. 01 OF 2018 FORMERLY MISCELLANEOUS CIVIL CASE NO. 02 OF 2018 IN THE MATTER OF AN APPLICATION BY GERALD MBUURI KABUGU FOR ORDERS OF CERTIORARI AND IN THE MATTER OF SECTIONS 8 AND 9 OF LAW REFORM ACT CAP 26 LAWS OF KENYA AND ORDER 53 CIVIL PROCEDURE RULES AND IN THE MATTER OF GATUNGA ADJUDICATION SECTION AND IN THE MATTER OF APPEAL TO THE MINISTER IN CHARGE OF LANDS AND SETTLEMENT NO. 123 OF 2017 GERALD MBUURI KABUGU.................................EX-PARTE APPLICANT VERSUS THE CABINET SECRETARY, MINISTRY OF LANDS & SETTLEMENT.......................1ST RESPONDENT THE HON. ATTORNEY GENERAL................................2ND RESPONDENT JOSEPH IKURA WA ZAKAYO..................................INTERESTED PARTY RULING 1. Upon delivery of Judgment in the Judicial Review proceedings, the parties proffered a consent to be adopted as an order of this court. The consent was in the following terms: CHUKA ELC JR 1/2018 FORMERLY MISCELLANEOUS APPLICATION 2/2018 By consent of the parties and their advocates on record, it is hereby agreed as follows: 1. That the Interested party do transfer Land Parcel No. 1807 Gatunga Adjudication Section to the ex-parte applicant within 30 days of today. 2. Each party bear its costs Murango Mwenda For Ex-parte Applicant Kiongo M. Justin For Respondents
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Joseph Ikuura wa Zakayo Interested Party DATED AT CHUKA THIS 14TH DAY OF MAY, 2018 2. Contemporaneously, the Interested Party had filed an application dated 11th May, 2018 which sought the following orders: 1. That the honourable court be pleased to grant leave to the Interested Party to withdraw himself from these proceedings. 2. That the honourable court be pleased to issue any other or further orders it may deem fit to grant. 3. Cost of this application be provided for. 3. The application has the following grounds:a) That the ex-parte applicant who is the 1 st Respondent in the instant application commenced the instant proceedings before this Honourable Court and named the applicant in the instant application as an Interested Party. b) That ex-parte applicant’s decision to file the instant proceedings was to seek orders to quash the decision & award passed by V. A. Matsalla on behalf of the Cabinet Secretary Ministry of Lands & Settlement dated 19th July, 2017. c) That the said decision was in relation to an appeal to the Minister by Gerald Mbuuri Kabugu which was an appeal against the decision of objection No. 513/2013 which awarded land parcel Number 1807 Gatunga Adjudication Section to the applicant. d) That the applicant herein is a son (the 1 st Respondent having been his sponsor during the circumcision) to the 1 st Respondent in the instant application and as such he is not desirous to pursue any case against the said Respondent. e) That the applicant who is also a pastor, had a careful reflection and consideration on the instant suit and therefore wishes to withdraw himself from being the Interested Party. f) That the applicant is ready and willing to transfer land parcel Number 1807 Gatunga Adjudication Section to the 1 st Respondent. Dated at Meru this 11th day of May, 2018 JOSEPH IKUURA WA ZAKAYO THE APPLICANT/INTERESTED PARTY 4. In view of the application dated 11th May, 2018 having been overtaken by events as a judgment has already been given, the application is marked as heard and determined. 5. In the Interest of Justice and in congruence with and in obeisance to the power generously donated to this court by Section 3A of the Civil Procedure Act, with regard to the consent, the following orders are issued: (1) By consent, the Intended appeal to the Minister is hereby abandoned. (2) The Interested Party, JOSEPH IKUURA WA ZAKAYO, is ordered to transfer Land Parcel No.1807 Gatunga Adjudication Section to the exparte applicant, GERALD MBUURI KABUGU, within the next 30 days. (3) If order 2 above is not implemented, the District Land Adjudication and Settlement Officer is ordered to have the land registered in the name of GERALD MBUURI KABUGU upon expiry of the 30 days period stipulated in order 2 above. (4) Parties to bear their own costs. 6. It is so ordered. Delivered in open court at Chuka this 14th day of May, 2018 in the presence of: CA: Ndegwa Murango Mwenda for the Ex-parte Applicant Kiongo for the Respondents
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Joseph Ikuura Wa Zakayo – Interested Party P.M. NJOROGE JUDGE.
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