REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELC LAND CASE NO. 85 OF 2016 SILAS MBERIA...........................................PLAINTIFF KIMATHI =VERSUS= ELIZABETH M’ARITHO............................DEFENDANT NKATHA RULING [EX-TEMPORE] 1. This matter was auto-allocated to this court but the Case Tracking System showed that the applicant had not paid the requisite court fees. Consequently, the court invited the applicant to attend court ex-parte and show cause why the filings should not be struck out. Counsel for the applicant has attended court today and has conceded that the requisite court fees relating to the uploaded notice of change of advocates was not paid. 2. Given that court fees had not been paid on the notice of appointment, it follows that the firm of Maitai Rimita & Co Advocates was not properly on record at the time they lodged the application dated 29/4/2026. In the Page 1| 3
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circumstances, the application is incurably defective and cannot be salvaged. 3. That is not the only irregularity. There is on record a postjudgment memorandum of appearance expressed as having been filed by the plaintiff, Silas Kimathi Mberia. 4. In addition, there is a post-judgment notice of change of advocates dated 29/4/2026. However, missing from the court record is a consent permitting the firm of Maitai Rimita & Co Advocates to come on record post- judgment. 5. In light of the above irregularities, the memorandum of appearance dated 29/4/2026; the notice of change of advocates dated 29/4/2026; and the application dated 20/4/2026 are all struck out with no order as to costs. The party seeking to effect post-judgment change of advocates shall comply with the law. They will be at liberty to bring a competent application for an order amending/reviewing the consent decree. DATED SIGNED AND DELIVERED AT MERU THIS 13TH DAY OF MAY, 2026. B M EBOSO [MR] JUDGE In the Presence of: Mr Murithi Rimita for the Applicant Respondent – Elizabeth Nkatha M’Aritho Page 2| 3
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Court Assistant – Mr. E. Tupet Page 3| 3
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