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Original judgment

In re SM (Minor) (Enviromental and Land Originating Summons E010 of 2026) [2026] KEELC 4978 (KLR)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU IN THE MATTER OF SANDRA MUTHONI (MINOR) ELCL (OS) CASE NO. E010 OF 2026 FAITH NKIROTE NCHAMA........................................APPLICANT =VERSUS= AYUB KIRIMI.........................................RESPONDENT MWENDA RULING [EX-TEMPORE] 1. What is before court is an interlocutory application dated 4/6/2026, brought within this originating summons. Through it, the applicants seek an order authorising the 1st applicant to dispose land parcel number Abothuguchi/L. Kaongo/2594 which is registered in the joint names of the two applicants and the minor, Sandra Muthoni. The 1st applicant is the mother to the 2nd applicant. She is also the mother to the minor. 1

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2. It has emerged during the hearing of the interlocutory application that, the originating summons was uploaded as an inadvertent error. It has also emerged that the registration of this suit as an originating summons was an inadvertent error because the applicants intended to register a miscellaneous application initiated vide the notice of motion dated 4/6/2026. 3. The court notes that the reliefs sought in the originating summons are quite different from the reliefs sought in the notice of motion. The notice of motion dated 4/6/2026 can, in the circumstances, not be deemed as disposing the originating summons. Secondly, if the originating summons were to be marked as withdrawn, there would be no basis for granting the orders sought in the notice of motion because the notice of motion is an interlocutory application anchored on the originating summons 4. In light of the above error and legal issues, and taking into account that these proceedings relate to a minor who in future may seek an explanation from the Government of the Republic of Kenya, the court takes the view that the proper order to issue is one striking out the originating summons alongside the notice of motion. The applicants will thereafter be at liberty to bring a proper suit for appropriate orders. 5. For the above reasons, this originating summons is struck out with no orders as to costs. It is so ordered. 2

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DATED, SIGNED AND DELIVERED AT MERU THIS 21ST DAY OF JULY, 2026. B M EBOSO [MR] ELC JUDGE In the Presence of: Ms Mukami for the Applicant Mr. E. Tupet – Court Assistant 3

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