People Like Us CBO v Kimaru & 4 others (Environment & Land Case 016 of 2021) [2022] KEELC 3229 (KLR)

versus Erick Mureithi Kimaru.……………1St defendant/respondent The Physical Planner……………….2nd defendant/respondent The Land Registrar, Isiolo County….3rddefendant/respondent The County Government of Isiolo…..th defendant/respondent The Hon Attorney General……………5th defendant/respondent ruling 1. When the matter came up for directions on November 30, 2021, the parties asked that the preliminary objection filed by the 2nd and 4th defendants be canvassed first by way of written submissions. 2. The preliminary objection is in the following format: notice on preliminary objection Take notice that the 2nd and 4th defendants shall raise a preliminary objection to have the suit struck out based on the following grounds: 1. The suit ofiends the mandatory provisions of order 1 rule 13 and order 1 rule 8 (1) of the Civil Procedure Rules. dated at Meru this 23rd day of November, 2021 For: Mbogo & Muriuki Advocates for the 2nd & 4th defendants 3. PO’s have the tendency to delay determination of cases if they are not handled expeditiously. In this case, I direct that the proponents of the PO, the 2nd and 4th defendants, do file written submissions within 14 days of today and the other parties to do so within 14 days after receipt of the proponent’s written submissions. 4. By consent of counsels present, directions on January 24, 2022. Delivered in open court at Isiolo this 30th day of November, 2021 In the presence of: Court Assistant: Balozi Ashava for the plaintifis Ken Muriuki for 2nd and 4th defendants Mbaikiata Present for 3rd and 5th defendants Hon Justice P M Njoroge Judge 3. The application was canvassed by way of written submissions. https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3229/eng@2022-06-06 2

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4. I have carefully considered the veritably incongruent assertions profiered by the parties in support of their positions. 5. I do note that the applicant has not denied that the 3 people who have filed this suit are not members of the plaintifi. At any rate, even if this court disqualifies all the other members of the plaintifi, the 3 purported oficials have the right to prosecute this suit on their own behalf. Striking out this case would deny them their right to seek justice. In my view the issues raised in this preliminary objection can be canvassed during the hearing of the main suit. Ipso facto, this suit cannot be struck out in toto at this stage. 6. As can be seen from the Constitution of the parties, this preliminary objection evinces arguments, thus rendering it not being based on pure points of law. 7. I am guided by my ruling in Isiolo ELC E001 of 202 (Supra). 8. In the circumstances, I issue the following orders: a. This notice of preliminary objection is hereby dismissed. b. Costs shall be in the cause c. Parties will take directions on July 4, 2022 and the plaintifi’s advocate, Mr Ashava, to serve the mention date upon the defendants. DELIVERED ON OPEN COURT AT ISIOLO THIS 6TH DAY OF JUNE, 2022 IN THE PRESENCE OF: Court Assistant: Dene HON. JUSTICE P. M. NJOROGE JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3229/eng@2022-06-06 3

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