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Original judgment

Njiru Micheni Nthiga v Governor, Tharaka Nithi County Government & 5 others [2019] KEELC 878 (KLR)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA CHUKA ELC CASE NO. 02 OF 2019 NJIRU MICHENI NTHIGA (SUING AS A LEGAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF THE DECEASED LEONARD R.I. NTHIGA)......................................................................................................PLAINTIFF VERSUS THE GOVERNOR, THARAKA NITHI COUNTY GOVERNMENT ...................1 ST DEFENDANT COUNTY GOVERNMENT OF THARAKA NITHI................................................2 ND DEFENDANT THE MEMBER OF COUNTY ASSEMBLY, MAGUMONI WARD......................3 RD DEFENDANT THE CHIEF OFFICER, ROADS AND INFRASTRUCTURE THARAKA NITHI COUNTY.....................................................................................4 TH DEFENDANT THE CHIEF OFFICER, LANDS, PHYSICAL PLANNING AND URBAN DEVELOPMENT THARAKA NITHI COUNTY....................................5 TH DEFENDANT WESTOMAXX INVESTMENT LTD.......................................................................6 TH DEFENDANT RULING 1. On 13th November, 2019 Mr. Kirimi Muturi, the plaintiff’s advocate and Mr.Karanja Munyori, the advocate for the 1 st, 2nd, 4th, 5th and 6th defendants proffered a consent for adoption of the court. The consent is in the following terms: BY CONSENT 1. Plaintiff’s application dated 27th February, 2019, be heard by way of written submissions. 2. The 1st, 2nd, 4th to 6th Defendants to file a response within 14 days. 3. The Plaintiff to file a further affidavit, if need be, within 14 days. 4. Thereafter, parties to file and exchange submissions within 14 days. Matter be mentioned to take a ruling date on the said application. DATED AT CHUKA ON 13TH NOVEMBER, 2019 KARANJA MUNYORI ADVOCATE FOR THE 1ST, 2ND, 4TH, 5TH & 6TH DEFENDANTS KIRIMI MUTURI ADVOCATE FOR THE PLAINTIFF

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2. The consent is adopted as an order of this court. 3. Parties will come to court for directions on 29.1.2020 4. Orders accordingly. Delivered in open Court at Chuka this 13th day of November, 2019 in the presence of: CA: Ndegwa Kirimi Muturi for the Plaintiff Munyori for 1st, 2nd, 4th, 5th and 6th defendants P.M. NJOROGE JUDGE

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