REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NANYUKI ELCLA NO. E018 OF 2023 STEPHEN MURIITHI MWEMA…………………. ……….APPELLANT VERSUS JOHN MWAURA NJUGUNA……………………….1ST RESPONDENT MICHAEL WACHIRA THIGA………………..……2ND RESPONDENT RULING 1. Before me is a notice of motion application dated 7.4.2026 brought forth by the appellant seeking orders that the name of the 2nd respondent be struck out from these proceedings and that costs be in the cause. The application is premised on grounds on the face of the application and the supporting affidavit of the applicant. He avers that the 2 nd respondent was joined in the proceedings before the trial court by the 1 st respondent vide an application dated 25.8.2021, that the said 2nd respondent has since passed on and efforts to trace ELCLA NO. E018 OF 2023 [RULING] Page 1 of 3
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next of kin have been futile and that counsel who acted for the said party avers that they have no instructions. 2. Pursuant to directions given on 12.5.2026, the respondents were to file responses by 26.5.2026, but there was no compliance hence the court declines to consider responses filed in contravention of the aforementioned directions. 3. I find that way back on 26.1.2026, the issue of the death of the 2nd respondent was brought to the attention of the court. That being the case, I find that continuation of the proceedings against the said party is untenable. As such, the application dated 7.4.2026 is found to be merited, the same is allowed with no orders as to costs. DATED, SIGNED AND DELIVERED AT NANYUKI THIS 8th DAY OF JULY, 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Nancy Mwangi – C/A ELCLA NO. E018 OF 2023 [RULING] Page 2 of 3
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Onaya Ombere for appellant M/s Wangu for 1st respondent ELCLA NO. E018 OF 2023 [RULING] Page 3 of 3
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