Kinyenje (Suing on Behalf of Elias Kiautha Mputhia through the Power of Attorney) v Mwiti & 4 others (Environment and Land Appeal E062 of 2024) [2025] KEELC 8479 (KLR)

Kinyenje (Suing on Behalf of Elias Kiautha Mputhia through the Power of Attorney) v Mwiti & 4 others (Environment and Land Appeal E062 of 2024) [2025] KEELC 8479 (KLR) (1 December 2025) (Ruling) Neutral citation: [2025] KEELC 8479 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND APPEAL E062 OF 2024 BM EBOSO, J DECEMBER 1, 2025 BETWEEN MARY MWIHAKI KINYENJE .............................................................. APPELLANT SUING ON BEHALF OF ELIAS KIAUTHA MPUTHIA THROUGH THE POWER OF ATTORNEY AND PAUL MUTWIRI MWITI ............................................................. 1ST RESPONDENT JERICA NTHIORI M’IKIUGU ................................................... 2ND RESPONDENT CONSOLATA KANANA M’MUGUNA ..................................... 3RD RESPONDENT BEATRICE NKATHA ................................................................... 4TH RESPONDENT BANK OF AFRICAH LIMITED (MERU) .................................. 5TH RESPONDENT RULING (Ex-tempore) 1. Through the application dated 9/6/2025, the Bank of Africa Limited sought an order removing them from this appeal. They also sought costs against the appellants. The only aspect of the plea which the appellants were opposed to was the prayer for costs. Today, counsel for the 5th respondent/applicant has abandoned their quest for costs. 2. In the circumstances, the Chamber Summons dated 9/6/2025 is allowed in terms of prayer 1. Noting that the 5th respondent was a party to the suit in the lower court and were therefore a necessary party to the appeal, there will be no award of costs to them in this appeal. 3. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8479/eng@2025-12-01 1

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