Mariba & 4 others v Cabinet Secretary, Ministry of Lands and Physical Planning & 3 others (Environment & Land Petition 2A of 2022) [2024] KEELC 13757 (KLR) (28 October 2024) (Ruling) Neutral citation: [2024] KEELC 13757 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MIGORI ENVIRONMENT & LAND PETITION 2A OF 2022 GMA ONGONDO, J OCTOBER 28, 2024 IN THE MATTER OF ARTICLE 2 (1),4(1),10,12,2223,40 (1),47,61 AND 258 OF THE CONSTITUTION OF KENYA AND IN THE MATER OF ALLEGED CONTRAVENTION OF ARTICLES 10,12,40 (1) AND 47 OF THE CONSTITUTION OF BETWEEN JACKSON MAGOIGA MARIBA .................................................... 1ST PETITIONER LUCAS TABU MARIBA ................................................................. 2ND PETITIONER JOHN WANKURU MARIBA ......................................................... 3RD PETITIONER TOBIAS MATENGO MARIBA (ALL SUING ON THEIR BEHALF AND AS THE LEGAL REPRESENTATIVES OF MICHAEL MARIBA MATENGO MWITA ALIAS MARIBA MARENGO - DECEASED) ................................ 4TH PETITIONER ANTHONY CHACHA MWITA .................................................... 5TH PETITIONER AND CABINET SECRETARY, MINISTRY OF LANDS AND PHYSICAL PLANNING ..................................................................................... 1ST RESPONDENT CABINET SECRETARY, MINISTRY OF FOREIGN AFFAIRS .... 2ND RESPONDENT HEAD, KENYA INTERNATIONAL BOUNDARIES OFFICE . 3RD RESPONDENT THE HON ATTORNEY GENERAL ........................................... 4TH RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13757/eng@2024-10-28 1
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RULING 1. This ruling is in regard to an application by Ms Esther Opiyo learned counsel for the respondents for fourteen days to le and serve a rely to the petition and an application for leave and other orders regarding ling of various documents in this matter. 2. The application is based on grounds, inter alia, that; a. The respondents are yet to le and serve response(s) to the present petition, b. the petitioners led and served submissions c. The issues are many due to many stakeholders involved in this matter. d. In the interest of justice herein. 3. Mr. Paul Amuga learned counsel for the petitioners has opposed the application on the grounds which include; the respondents have taken long to response to the petition and that the petitioners’ submissions led and served late as the responses to the petition were awaited. 4. It is not in dispute that the respondents have not led and served responses and the petitioners’ counsel led and served submissions herein. 5. So, is the respondents’ application merited? 6. It is noteworthy that a fair opportunity to be heard is a fundamental principle of justice; see Halsbury’s Laws of England 5th Edition 2010 Volume 61 at paragraph 639. 7. Moreover, the unlimited right to fair trial and the right of access to justice are enshrined in Articles 25 (c), 50 (1) and 48 of the Constitution of Kenya 2010. 8. In the circumstances, the respondents should be let in to respond to this petition; see also Philip Chemwolo and another -vs- Augustine Kubende (1986) eKLR. 9. A fortiori, the application is merited and allowed on terms that the respondents’ counsel to le and serve response (s) to the petition and or requisite application within the next fourteen days from this date. 10. This petition is xed for 21st November 2024 to conrm compliance and for further directions. 11. It is so ordered. DATE AND DELIVERED AT MIGORI THIS 28TH OCTOBER 2024 GEORGE M. A. ONGONDO JUDGE In Presence of;Paul Amuga learned counsel for the Petitioners Ms Esther Opiyo learned counsel for the respondents Tom Maurice, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13757/eng@2024-10-28 2
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