REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELC CASE NO. 70 OF 2012 GEORGE GATEMBU (Suing as Legal representative of the estate of JOSEPH MUGUNA – Deceased)..................................PLAINTIFF/RESPONDENT VERSUS ELIJAH MUTEGI M’RWITO.......................................................1 ST DEFENDANT M’MUGAMBI M’MARETE.........................................................2 ND DEFENDANT HENRY KIAMBI............................................................................3 RD DEFENDANT JAPHET GAKURU M’ABURIA..................................................4 TH DEFENDANT SHEDRACK KIRUKI M’LAARIA.....................5TH DEFENDANT/APPLICANT M’KIRERA M’ANGARE.............................................................6 TH DEFENDANT RUFA M’ARIGO...........................................................................7 TH DEFENDANT FRANCIS M’IKIUGU M’MUTHURI........................................8 TH DEFENDANT JOSPHAT MURIUKI KIURA....................................................9 TH DEFENDANT FREDRICK KIOGORA GITONGA........................................10 TH DEFENDANT GEOFFREY KOOME MBAYA................................................11 TH DEFENDANT RULING/DIRECTIONS 1. This matter was coming up for directions on 9.3.2021 for submissions pursuant to a ruling delivered on 26.1.2021. Come 9.3.2021 and Mr. Mwanzia, counsel for the plaintiff informed the court that he has been dealing with a counsel who is not properly on record which necessitated the filing of the preliminary objection on 9.3.2021. He therefore urges the court to deal with the preliminary objection before other issues. 2. This application was opposed by Mr. C. Mbaabu appearing for 4 th, 6th, 9th, 10th and 11th defendants who contended that he was served with a set of grounds of opposition and on 9.3.2021 he was served with the preliminary objection as well as a set of authorities. He urges the court to expunge the said documents as they contravene the orders of 26.1.2021 which required the opposing side to file submissions. He contends that he is properly on record as the consent to come on record was filed way back on 4.11.2019. 3. I have keenly looked at the entire record where it is apparent that post judgment proceedings commenced on 4.11.2019. Judgment had been delivered earlier on 25.10.2019. The court has given various directions particularly on 16.1.2020 and on 26.1.2021 regarding the prosecution of the pending applications. The date of 9.3.2021 was slated to confirm the filing of submissions and not the hearing of the preliminary objection. 4. In the circumstances, the court will proceed to give a ruling date in respect of the pending applications. Ruling on 26.5.2021.
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DATED, SIGNED AND DELIVERED AT MERU THIS 17TH DAY OF MARCH, 2021 HON. LUCY. N. MBUGUA ELC JUDGE ORDER The date of delivery of this Ruling was given to the advocates for the parties through a virtual session via Microsoft teams on 9.3.2021. In light of the declaration of measures restricting court operations due to the COVID-19 pandemic and following the practice directions issued by his Lordship, the Chief Justice dated 17 th March, 2020 and published in the Kenya Gazette of 17 th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. HON. LUCY N. MBUGUA ELC JUDGE
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