Please Wait. Searching ...
Lasoi (As administrator & heir of the Estate of Solomon Kipkorir Arap Lasoi) & 2 others v Cheruiyot & 10 others (Environment & Land Case 472 of 2016 & 54 of 2020 (Consolidated)) [2022] KEELC 14873 (KLR) (17 November 2022) (Ruling)
Neutral citation:
[2022] KEELC 14873 (KLR)
Republic of Kenya
Environment & Land Case 472 of 2016 & 54 of 2020 (Consolidated)
FM Njoroge, J
November 17, 2022
Between
Diana Lee Lasoi (As administrator & heir of the Estate of Solomon Kipkorir Arap Lasoi
1st Plaintiff
Lea Cherono Shabangi
2nd Plaintiff
and
John Kiptoo Cheruiyot
1st Defendant
Peter K Cheruiyot
2nd Defendant
Collins K Chepkwony
3rd Defendant
Jane Chepkorir Barbaret
4th Defendant
Caren Chepkurui Mutai
5th Defendant
Caroline Chebet
6th Defendant
Samwel Kipngetich Kitur Bett
7th Defendant
County Lands Registrar Nakuru County
8th Defendant
As consolidated with
Environment & Land Case 54 of 2020
Between
Caroline Chebet
Plaintiff
and
Diana Lee Lasoi
1st Defendant
Lea Cherono Shabangi
2nd Defendant
Leonard Kipngetich Chelule
3rd Defendant
Ruling
1.This matter is scheduled for hearing today. Mr Karanja rises up after the matter is called and applies to have the defendant documents – list of witnesses and documents and witness statements admitted into the record before the defence case proceeds.
2.Mr Chelule naturally opposes that application on behalf of the plaintiffs.
3.The subject documents were filed on November 8, 2022, that is 8 days, before the hearing date.
4.This court notes that the defendants were culpable of great delays in their lethargic pursuit of this matter and that they have come too late in the day. As I write down this ruling, Mr Chelule offers to have Mr Karanja’s clients’ newly filed documents admitted by consent if only to allow the case to proceed to its conclusion today. I am informed that there is no defence filed by the plaintiffs filed in the lower court case and that there is also no defence filed by the defendants in the ELC case (this case). This state of affairs leaves the court in doubt as to whether any justice would be done in the matter but as the parties appear to desire to proceed while that state of the records remains as it is now, this court is inclined to consider their opinion and give its own opinion thereon.
5.The matter appears not ready for hearing today whether the documents are admitted or not. I think I will not rule on whether Mr Karanja’s clients’ documents should be admitted into the record until he files a formal application, supported by his clients’ affidavit as to the inordinate delay and leave it at that. This hearing is adjourned.
6.The defendants Nos 2 – 7, for their role in occasioning this uncertain state of affairs are hereby ordered to pay the costs of this day and I assess the global sum thereof in the sum of Kshs 20,000/= payable to the plaintiffs before the next mention date. This matter shall be mentioned on December 5, 2022 for further directions.
DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT ON THIS 17TH DAY OF NOVEMBER, 2022.
MWANGI NJOROGEJUDGE, ELC, NAKURU
