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Kathuthu v District Land Adjudication & Settlement Officer, Tigania East and West & 2 others; Kiunga (Suing as the Legal Representative of the Estate of Stephen Michuki Kiunga - Deceased) (Interested Party) (Environment and Land Judicial Review Case 15 of 2019) [2025] KEELC 8470 (KLR)

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Kathuthu v District Land Adjudication & Settlement Oficer, Tigania East and West & 2 others; Kiunga (Suing as the Legal Representative of the Estate of Stephen Michuki Kiunga - Deceased) (Interested Party) (Environment and Land Judicial Review Case 15 of 2019) [2025] KEELC 8470 (KLR) (2 December 2025) (Ruling) Neutral citation: [2025] KEELC 8470 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND JUDICIAL REVIEW CASE 15 OF 2019 BM EBOSO, J DECEMBER 2, 2025 BETWEEN STEPHEN KATHUTHU ..................................................... EX PARTE APPLICANT AND DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER, TIGANIA EAST AND WEST .......................................................................... 1ST RESPONDENT THE DEPUTY COUNTY COMMISSIONER ............................ 2ND RESPONDENT THE ATTORNEY GENERAL ...................................................... 3RD RESPONDENT AND THERESA MICHUKI KIUNGA (SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF STEPHEN MICHUKI KIUNGA DECEASED) .............................................................................. INTERESTED PARTY RULING 1. The court has considered the application dated 18/11/2025. The applicant seeks an order directing the Deputy Registrar to recover the costs awarded to the applicant costs in this suit and in Meru ELC Appeal No. E084 of 2024 from the deposit made in Meru ELC Appeal No. E084 of 2024. 2. The application is unopposed. However, for proper record, the plea for recovery of the costs of Kshs 50,000 awarded in Meru ELC Appeal No. E084/2024 should be made in Meru ELC Appeal No. E084/2024. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8470/eng@2025-12-02 1

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3. The court will only allow recovery of the court’s awarded and taxed costs in this cause [Meru ELC JR Application No. 15 of 2019], in the sum of Kshs 139,170. The said sum is to be recovered from the deposit in Meru ELC Appeal No. E084/2024. 4. There will be no award of costs on the application. DATED, SIGNED AND DELIVERED AT MERU THIS 2ND DAY OF DECEMBER, 2025. B M EBOSO [MR] JUDGE In presence of:Mr. Otieno holding brief for Mr. Mwirigi Kaburu for the Interested Party. No appearance for the Respondents Court Assistant - Mr. E. Tupet https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8470/eng@2025-12-02 2

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