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Original judgment

Republic v National Land Commission; Trustees, Kenya Railways Staff Retirement Benefits Scheme (Interested Party); Leting & 2 others (Suing as the Executors of the Estate of Joseph Tendenei Arap Leting) (Exparte Applicant) (Environment and Land Judicial Review Case 11 of 2018) [2024] KEELC 925 (KLR)

Republic v National Land Commission; Trustees, Kenya Railways Stafi Retirement Benefits Scheme (Interested Party); Leting & 2 others (Suing as the Executors of the Estate of Joseph Tendenei Arap Leting) (Exparte Applicant) (Environment and Land Judicial Review Case 11 of 2018) [2024] KEELC 925 (KLR) (22 February 2024) (Ruling) Neutral citation: [2024] KEELC 925 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT AND LAND JUDICIAL REVIEW CASE 11 OF 2018 LN MBUGUA, J FEBRUARY 22, 2024 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND NATIONAL LAND COMMISSION .................................................. RESPONDENT AND THE TRUSTEES, KENYA RAILWAYS STAFF RETIREMENT BENEFITS SCHEME .................................................................................... INTERESTED PARTY AND CECILIA CHEPKOECH LETING, MAUREEN CHEPTOO LETING & ANTONIO KIPROP LETING (SUING AS THE EXECUTORS OF THE ESTATE OF JOSEPH TENDENEI ARAP LETING) ........................ EX PARTE APPLICANT RULING 1. This matter was scheduled for judgment on 22.2.2024. A perusal of the file reveals that the matter was consolidated, then deconsolidated with ECC 639/2015 and 302 of 2015. During the period of consolidation, the lead file was 639/2015. 2. I find that even if the files have been deconsolidated, the former lead file 639/2015 is at the tail end whereby, the hearing has been finalized before me and the matter is scheduled for mention for submissions on 24.4.2024. 3. For the sake of harmony and sanctity of decisions, the court will deliver the judgment herein simultaneously with the judgment in case No. 639 of 2015. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/925/eng@2024-02-22 1

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DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF FEBRUARY, 2024 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of:Ongicha for Exparte Applicant M/s Njuguna for 1st Respondent Wafula for 1st Interested Party Macharia for 2nd Interested Party Court assistant: Eddel https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/925/eng@2024-02-22 2

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