Odera & 6 others (Suing on Their Own and on Behalf of all other Members of the Kogony Community Claiming Registerable Interests in the Land Known as C/18 Scheme) v Akinyi & 5 others; Oim &18 others (Interested Party); G.N.Otieno & 4 others (Applicant) (Environment and Land Case Civil Suit 146 of 2012) [2023] KEELC 22627 (KLR) (16 November 2023) (Ruling) Neutral citation: [2023] KEELC 22627 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KISUMU ENVIRONMENT AND LAND CASE CIVIL SUIT 146 OF 2012 SO OKONG'O, J NOVEMBER 16, 2023 BETWEEN CHRISTABEL ACHIENG ODERA .................................................... 1ST PLAINTIFF WILSON OGOLA ODENY ................................................................. 2ND PLAINTIFF CARRILUS OLANDO ODARI .......................................................... 3RD PLAINTIFF JOSEPH OMOLLO ............................................................................... 4TH PLAINTIFF FLORENCE ATIENO ADERA ........................................................... 5TH PLAINTIFF JOHN OKONGO OGENDO ............................................................... 6TH PLAINTIFF MICHAEL JUMA ADEDE .................................................................. 7TH PLAINTIFF SUING ON THEIR OWN AND ON BEHALF OF ALL OTHER MEMBERS OF THE KOGONY COMMUNITY CLAIMING REGISTERABLE INTERESTS IN THE LAND KNOWN AS C/18 SCHEME AND CHRISTOPHER JUMA AKINYI ................................................... 1ST DEFENDANT AUGUSTINE GENGA ONDINGO ................................................ 2ND DEFENDANT VITALIS OURU AKINYI ................................................................ 3RD DEFENDANT JANE KAMBAGA ............................................................................ 4TH DEFENDANT COUNTY LANDS REGISTRAR ................................................... 5TH DEFENDANT HON.ATTORNEY GENERAL ....................................................... 6TH DEFENDANT AND https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22627/eng@2023-11-16 1
page 1 of 3
DAVID ODERA OIM &18 OTHERS ..................................... INTERESTED PARTY AND GEORGE G.N.OTIENO ........................................................................... APPLICANT AUMA ABUORO ...................................................................................... APPLICANT WILLIAM AMAYI .................................................................................... APPLICANT RICHARD LEONARD MASIME OGOLA ........................................... APPLICANT JAMES MASWACHE ................................................................................ APPLICANT RULING 1. The Applicants led an application by way of Notice of Motion dated 20th September 2023 on 21st September 2023 seeking among others, the setting aside of the judgment entered herein on 18th March 2022 and their joinder as parties to the suit. The Applicants’ application came up for directions on 22nd September 2023 when the court directed that the same be served for hearing on 12th October 2023. When the matter came up for hearing on 12th October 2023, only the advocates for the Defendants and the Applicant appeared in court. The advocates for the Plainti and the Interested Party were absent. The advocate for the Applicants informed the court that the advocates for all the parties had been served and he had led an adavit of service. The Applicant’s advocates relied entirely on the grounds on the face of the application and the supporting adavit. The advocate for the Defendants told the court that they had no objection to the application. Due to the seriousness of the orders sought the court reserved the ruling for 16th November 2023. 2. While perusing the le for the purposes of writing the ruling, I noted that the service was not properly eected. First, I noted that the Interested Parties who had participated in the matter up to the judgment stage and were represented by Amondi & Company Advocates were not served with the application. Secondly, I noted that the e-mail address used to serve the advocates for the Plainti, Julius Nyakiangana & Company Advocates was wrong. From the record, the said rm of advocates uses an e-mail address: juliusnyakiangana@gmail.com. The email address used by the Applicants’ advocates to serve the rm was: juliasnyakiangana@gmail.com. The said e-mail could not have reached the rm and I believe the Applicant’s advocates must have received a notication from Gmail that the email address did not exist. Having come to the conclusion that some of the parties in the matter were not served, I stopped preparing the ruling. 3. Due to the foregoing, I hereby set aside the proceedings of 12th October 2023 and direct that the Notice of Motion application dated 20th September 2023 be served a fresh upon all the parties for hearing on a date to be given by the court. DELIVERED AND DATED AT KISUMU THIS 16TH DAY OF NOVEMBER 2023 S. OKONG’O JUDGE Ruling delivered virtually through Microsoft Teams Video Conferencing Platform in the presence of: N/A for the Plaintis Mr. Ojuro for the Defendants https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22627/eng@2023-11-16 2
page 2 of 3
N/A for the Interested Parties Ms. Omondi for the Applicants Ms. J.Omondi-Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22627/eng@2023-11-16 3
page 3 of 3