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Original judgment

Munene & another v Matiri & another (Environment and Land Case 106 of 2009) [2025] KEELC 7002 (KLR)

Munene & another v Matiri & another (Environment and Land Case 106 of 2009) [2025] KEELC 7002 (KLR) (13 October 2025) (Ruling) Neutral citation: [2025] KEELC 7002 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND CASE 106 OF 2009 BM EBOSO, J OCTOBER 13, 2025 BETWEEN KENNETH KIREMA MUNENE ........................................................ 1ST PLAINTIFF MARTIN KIREMA MUNENE ........................................................... 2ND PLAINTIFF AND HARRIET NTAKIRA MATIRI ...................................................... 1ST DEFENDANT BENJAMIN NKANDO MUNENE ................................................ 2ND DEFENDANT RULING 1. Before court for determination is a limb of the application dated 7/7/2025. The application was brought by the estate of the 1st defendant. The limb falling for determination is a plea for substitution of Harriet Ntakira Matiri who is said to have died on 10/9/2022. The applicant urges the court to consider the other limbs of the application after the issue of substitution has been disposed and the question of coram has been ascertained. 2. It is alleged that the plaintifis did not respond to the application. The plaintifis have not attended court today to articulate their position on the application. The 2nd defendant is represented by Ms Mutema who has submitted that they are not opposed to the application. 3. In the absence of any opposition to the plea for substitution, the same is allowed in terms of prayer 2. Directions shall be given on the other limbs of the application dated 7/7/2025. It is so ordered DATED, SIGNED AND DELIVERED AT MERU THIS 13TH DAY OF OCTOBER, 2025 B M EBOSO [MR] ELC JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7002/eng@2025-10-13 1

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