Muriithi & 17 others Registered as Oleshua Community Organisation v Nyanja & 2 others (Environment & Land Case 774 of 2015) [2023] KEELC 22512 (KLR) (20 December 2023) (Ruling) Neutral citation: [2023] KEELC 22512 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE 774 OF 2015 EK WABWOTO, J DECEMBER 20, 2023 BETWEEN MR. JOHN MURIITHI & 17 OTHERS REGISTERED AS OLESHUA COMMUNITY ORGANISATION ............................................................ PLAINTIFF AND HON. GEORGE NYANJA ................................................................ 1ST DEFENDANT MWITU ESTATE WATER COMPANY LTD ................................ 2ND DEFENDANT NAIROBI COUNTY GOVERNMENT ......................................... 3RD DEFENDANT RULING 1. The plaintis vide their application dated 15th November 2023 seeks leave of this court to le an additional document referred to as the letter dated 18th May 2023 out of time. The application was supported by an adavit sworn on 15th November 2023 by Ruth Chunge the secretary of the plainti’s organization. It was averred that the plaintis have obtained the said correspondence which is necessary for the court to arrive at a fair and just determination of the matter. 2. Pursuant to the directions that was issued by this court, it was directed that the application be canvassed by way of written submissions. In compliance with the said directions, the application was subsequently served upon the defendants, the plaintis led written submissions dated 20th November 2023, however the no response nor any written submissions in respect to the said application were led by the defendants despite service. 3. The court has considered the application and the written submissions led by the plaintis. The singular issue for consideration is whether the plainti should be granted leave to le the letter dated 18th May 2023 out of time. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22512/eng@2023-12-20 1
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4. Article 159(2) (b) and (d) of the Constitution requires this Court to ensure justice is not delayed and is administered without undue regard to procedural technicalities The plaintis have clearly explained the reason for the delay in ling the letter dated 18th May 2023 and there being no objection to the same by the defendants, this court shall proceed to allow the application dated 15th November 2023 in the following terms; i. The document referred to as the letter dated 18th May 2023 to be led and served upon the defendants within 7 days from today. ii. Each party to bear own costs of the application. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 20TH DAY OF DECEMBER 2023. E. K. WABWOTO JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22512/eng@2023-12-20 2
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