Maryan Mohamed Cheabril v Michael Koome Mburugu & 6 others [2021] KEELC 221 (KLR)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT ISIOLO ELCC NO. 001 OF 2021 MARYAN MOHAMED CHEABRIL (Suing as the administrator of the Estate of Asha Jabril Mohamed (deceased)...................................PLAINTIFF VERSUS MICHAEL KOOME MBURUGU........................................1 ST DEFENDANT ISIOLO COUNTY GOVERNMENT…………………...….2ND DEFENDANT JEDIEL KIRIMI RUTERE...................................................3 RD DEFENDANT THE CHIEF LAND REGISTRAR........................................4TH DEFENDANT THE NATIONAL LAND COMMISSION............................5TH DEFENDANT THE DIRECTOR OF SURVEY............................................6 TH DEFENDANT THE ATTORNEY GENERAL.............................................7 TH DEFENDANT RULING 1. This matter was fixed for hearing today. Advocate Mwirigi asked the court to adjourn the matter as his client, the 1 st defendant, was out of the, country on a work related assignment. I find that it has not been shown to the satisfaction of the court that hearing of this matter should be adjourned on account of the 1st defendant being out of the country on a frolic of his own. 2. Messrs Muriuki and Lakicha told the court that they were ready to proceed with the hearing. 3. Mr. Murango Mwenda, for the 3 rd defendant, told the court that he had written to all advocates involved in this matter that he had a part heard murder case at Chuka which was proceeding today. He asked the court to adjourn the matter. 4. Mr. Muriuki informed the court that there was a matter in the Court of Appeal involving the same subject matter being canvassed in this suit. Mr. Lakicha confirmed that the matter had not been concluded but preferred that his client had given instructions that the Court of Appeal suit be withdrawn. 5. In view of the murder case at Chuka and the outstanding Court of Appeal case, I issue the following orders: a) The hearing of this matter is adjourned. b) During the next mention date, Mr. Lakicha will apprise the court regarding developments in Court of Appeal No. 205 of 2019 at Nyeri. c) The plaintiff’s advocate, Mr. Lakicha, will properly serve all the orders issued by the court today upon all absent parties. d) By consent of all advocates present today, DIRECTIONS on 25/1/2022. Ruling written and delivered in Open Court at Isiolo this 20th day of December, 2021 in the presence of:

page 1 of 2