Mbugua v Kariha & 21 others (Environment & Land Case E4 of 2020) [2023] KEELC 17058 (KLR) (26 April 2023) (Ruling) Neutral citation: [2023] KEELC 17058 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAKURU ENVIRONMENT & LAND CASE E4 OF 2020 FM NJOROGE, J APRIL 26, 2023 BETWEEN ZEPHANIA GITAU MBUGUA ................................................................. PLAINTIFF AND CHEGE NGANGA KARIHA .......................................................... 1ST DEFENDANT SILVALINE INVESTMENT LIMITED .......................................... 2ND DEFENDANT THE CHIEF LANDS REGISTRAR ............................................... 3RD DEFENDANT JOHN KARIUKI TUMBU .............................................................. 4TH DEFENDANT FRANCIS KOIGU KIRAGURI ...................................................... 5TH DEFENDANT FRANCIS KARIUKI MWANGI ..................................................... 6TH DEFENDANT MARY WANJIKU MUREU ............................................................ 7TH DEFENDANT DOMINIC KINGA MWANGI ........................................................ 8TH DEFENDANT JOHN HARRY THUKU ................................................................. 9TH DEFENDANT JOHN MWANGI THUKU ............................................................ 10TH DEFENDANT SHIPHIRA WANJIKU MWANGI ................................................ 11TH DEFENDANT STEPHEN NJENGA MUREITHI ................................................ 12TH DEFENDANT WILSON NDERITU BACIA ........................................................ 13TH DEFENDANT HEZRON KAMAU GICHURU .................................................... 14TH DEFENDANT LUCAS BOSIRE MAROKO .......................................................... 15TH DEFENDANT RUTH NJERI MATIRU ................................................................ 16TH DEFENDANT MAURICE MBEJA OCHOLI ........................................................ 17TH DEFENDANT https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17058/eng@2023-04-26 1
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JOHN NGANGA GITHII ............................................................. 18TH DEFENDANT JOY NASAMBU KIMAKWA ........................................................ 19TH DEFENDANT TERESIA NJERI NJOGU .............................................................. 20TH DEFENDANT WILFRED NYAKUNDI MWAMBI .............................................. 21ST DEFENDANT REGINA WANGARI ..................................................................... 22ND DEFENDANT RULING 1. Mr. Nyachoti for the plainti states he is ready to proceed. Mr. Gichigi states he was issued with instructions only last week by the 4th, 7th and 19th defendants and that he requires time to le response to the suit on their behalf. 2. Ms. Mwaniki stated that Ms. Njeri Njagua has an emergency and cannot attend court for this hearing today. This is a matter involving land and the 4th, 7th and 19th defendants who are represented by Mr. Gichigi, are said to be settled on it. 3. An injunctive order is in existence in regard to the suit land. I am of the view that Mr. Gichigi for the 4th, 7th and 19th defendants must as an ocer of the court be deemed to be stating truthfully the matters that he has brought forth today. I also have no reason to believe that the 7th and 19th defendants knew of this matter or of the hearing date scheduled for today. 4. Given the ramications of proceeding without their documents having been led in these proceedings, this court opts to exercise abundant caution and apply its discretion to adjourn this hearing as prayed by Mr. Gichigi. 5. Concerning M.s Njagua’s predicament, though no specics were divulged regarding the personal emergency she is involved in at the moment, this court is ready to give her an allowance for the reason that in life there can be unpredictables. Consequently, this hearing is adjourned. 6. Considering that Mr. Gichigi’s sentiments as to whether specic orders had been made that the hearing can proceed without service on the defendants who have not appeared, I note that this issue is bound to delay the hearing of this case for a long time if it comes up each time the matter is listed for hearing, and to obviate the occurrence of such an objection in future, I hereby order that the plainti shall at all times when this matter has been xed for mention or hearing advertise the hearing notice beforehand by way of axing it in a conspicuous manner on the court’s notice board with the leave of the Deputy Registrar of this court and proof of such advertisement shall be led in court before each sitting, and all those who have not led appearance or defence shall be considered as properly served for each advertised sitting. 7. Regarding the issue of costs, I hereby order that all the defendants save the 5th, 22nd and 8th and 21st defendants shall bear the costs of the plainti for this day in any event. 8. The 4th, 7th and 19th defendants are hereby granted leave to le and serve their responses to the suit and all other documents in compliance within 14 days hereof. Mention of this suit shall be on 31/5/2023 to conrm compliance and this interregnum shall allow the plainti, or any defendant, as the case may be, once served, to respond to the replies by those defendants. 9. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17058/eng@2023-04-26 2
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DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT ON THIS 26TH DAY OF APRIL 2023. MWANGI NJOROGE JUDGE, ELC, NAKURU https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17058/eng@2023-04-26 3
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