kehc-2024-09224

Marima & 2 others v Purko Development Trust & 4 others (Civil Suit E005 of 2024) [2024] KEHC 9224 (KLR) (31 July 2024) (Ruling) Neutral citation: [2024] KEHC 9224 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAROK CIVIL SUIT E005 OF 2024 F GIKONYO, J JULY 31, 2024 BETWEEN EUNICE SAOINA MARIMA .............................................................. 1ST PLAINTIFF PIARO OLE NORPOOR .................................................................... 2ND PLAINTIFF MIKE OLE MARIA ............................................................................. 3RD PLAINTIFF AND PURKO DEVELOPMENT TRUST ................................................ 1ST DEFENDANT CHAIRMAN PURKO DEVELOPMENT TRUST ....................... 2ND DEFENDANT SELEILA OLE MWANIK ................................................................. 3RD DEFENDANT THE GOVERNMENT NAROK COUNTY ................................... 4TH DEFENDANT NAROK NORTH MEMBER OF PARLIAMENT ........................ 5TH DEFENDANT RULING 1. Respondents cannot be said to be in default as their time for filing replies has not expired. 2. At least Tuya has filed papers for the 3rd Respondent. 3. Opportunity to be heard is a Constitutional imperative and tenet of fair hearing. The Court cannot deny them. 4. The Applicant has not also stated when elections herein may be held: thereby withdrawing the foundation of urgent relief. The fact that counsel has stated that his clients are apprehensive that elections may be held against public interest, does not provide the much needed jab for urgent relief. 5. Accordingly, the Respondent should file their replies as ordered and the matter be set down for inter parte hearing. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/9224/eng@2024-07-31 1

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