Caselaw

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC. CASE NO. E342 OF 2021 LEAH NGENDO KOMU (Suing through the estate of JOHNSON KAMAU KOMU (DECEASED).............................PLAINTIFF VERSUS (THE ADMINISTRATORS OF THE ESTATE OF GERISHON K. KIRIMA) TERESIA W. KIRIMA & ANN W. KIRIMA................1ST RESPONDENT JOHN GERISHON KIRIMA.......................................2ND RESPONDENT RULING 1. On 9th November 2021 while in virtual court, Mr. Ojienda for the Applicant prayed that this case be mentioned before Justice Okong’o on the ground that there are several other related matters before the Hon. Judge. Therefore, the file should be placed before the Hon. Judge so that this suit is not dealt with in isolation. 2. Counsel for the Respondents opposed this prayer on the ground that the matters were not related and that the said suits had been ongoing for over 5 years and were at an advanced stage. He added that they had filed a Preliminary Objection which this court had capacity to determine. 3. This court finds that there is a pending application dated 18.9.2021 seeking an order of enjoinder enjoining this matter with several other matters. That application has not been prosecuted. The Respondent has filed a Notice of Preliminary Objection seeking orders for the striking out of the suit of which, the said preliminary Objection is also pending. This court is the one currently seized of the matters appertaining to this particular suit. As such, I decline to order the transfer of the file to Judge Okongo and instead, I direct that both the Application and the Preliminary Objection be heard simultaneously before this court. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OF DECEMBER, 2021 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of:Onduso for the Respondent Ojienda for the Applicant Court Assistant: Eddel Barasa