REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL CASE NO. 21 OF 2025 PENINA NKIROTE (Suing on behalf of NGAKU MARIENE DECEASED)...................................PLAINTIFF -VERSUSJAMES M’ITONGA MIRIANGA..................................DEFENDANT RULING (EX-TEMPORE) 1. Before this court for determination is the plaintiff’s application dated 5/12/2022. It seeks an order setting aside the order of 6/10/2025 and reinstating the plaintiff’s application dated 14/7/2025. 2. The court has perused the record. The order of 6/10/2025 reads as follows:“The applicant is not in court to prosecute the application dated 19/5/2025. Consequently, the Page 1 | 2
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application is dismissed for non-attendance. This being a concluded case, the file shall go back to the Registry without a date for the next activity.” 3. It is clear from the above record that what was dismissed on 6/10/2025 was the plaintiff’s amended notice of motion dated 19/5/2025. The application alleged to be dated 14/7/2025 was not the subject matter of the dismissal order of 6/10/2025. 4. Secondly, the court doubts that an application dated 5/12/2022(sic) would be the instrument for review of a dismissal order made on 6/10/2025. 5. For the above reasons, the application dated 5/12/2022 is struck out with no order as to costs. The applicant shall be at liberty to bring a competent application for an appropriate redress. DATED, SIGNED AND DELIVERED AT MERU THIS 6TH DAY OF OCTOBER, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Ms Nyaera holding brief for Nancy. Kinoti for the Interested Party Mrs Mercy Kaume for the Plaintiff/Applicant Court Assistant – Mr. E. Tupet Page 2 | 2
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