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Lempaso & another v Bunyi & 12 others; Karogo & 5 others (Interested Parties) (Environment & Land Case 579 of 2017) [2023] KEELC 17327 (KLR) (9 May 2023) (Ruling)
Neutral citation:
[2023] KEELC 17327 (KLR)
Republic of Kenya
Environment & Land Case 579 of 2017
MN Gicheru, J
May 9, 2023
Between
Moses Kirruti Lempaso
1st Plaintiff
Grace Waithera Kirruti
2nd Plaintiff
and
Grace Wangari Bunyi
1st Defendant
Olkasasi Limited
2nd Defendant
Chief Land Registrar
3rd Defendant
The Land Registrar, Kajiado
4th Defendant
Th Attorney General
5th Defendant
Paul Gitungo Gichimba
6th Defendant
and
John Mburu Karuga
1st Proposed Respondent
Bernard M. Gathimba
2nd Proposed Respondent
Andrew Daniel Mbogo
3rd Proposed Respondent
Samuel Ngigi Gituere
4th Proposed Respondent
George M. Muhoro
5th Proposed Respondent
Lucy Wairimu Njogu
6th Proposed Respondent
Isaac Gathungu Wanjohi
7th Proposed Respondent
and
Boniface Karogo
Interested Party
Dickson Ngunjiri
Interested Party
Excel Mwangi
Interested Party
Ng’Ang’A Gokonyo
Interested Party
Amos Macharia
Interested Party
Steven Kimani
Interested Party
Ruling
1.There are two pending applications in this case. The first one is dated 13/6/2022 while the second one is dated October 13, 2022. The first application seeks to join a number of new parties to the suit as Defendants. It also seeks to stay eviction of the Plaintiffs from the suit land.The second application seeks to cite two persons who are not yet parties to this suit for contempt of an order dated 3/10/2022.
2.This suit seeks a vesting order to the effect that LR Kajiado/Olooloitikoshi/Kitengela/1957 measuring 42.0 hectares is the property of the first Plaintiff. It also seeks to have the District Land Registrar Kajiado register the first Plaintiff registered as the owner of any subdivisions of the said land.
3.On 23/6/2022, this court delivered a judgment in ELC Case No 575 of 2017 where the parties were Grace Wangari Bunyi as Plaintiff and Moses Kirruti Lepaso, Grace Waithera Gichuhi, Ng’ang’a Gikonyo and Stephen Njuguna as Defendants. In that case, this court held as follows.
4.This court having made a decision regarding the suit land in ELC No 575 of 2017 cannot again be called upon to deal with the same issues. The main parties in this case namely Moses Kirruti, Grace Waithira Gichuhi and Obadiah K. Bunyi were also the main parties in Case No 575 of 2017. More importantly, the suit land is Kajiado/Kitengela/1957 and it is the subject matter in both suits.In Case No 575 of 2017, this court held this say in the judgment.
5.Order 4, rule 1(f) Civil Procedure Rules makes it mandatory for parties to disclose any previous proceedings over the same subject matter between the same parties. The reason for this is to avoid a multiplicity of suits. The more the suits, the higher the possibility of conflicting decisions by the courts, the greater the expense and the longer the delay in concluding the suits.
6.This particular dispute has been pending for many years. There was Criminal Case No 460 of 1997 at Kajiado SRM’s Court, HCCC 4861 of 1989 (Nairobi), Tribunal Case 69 of 2009 at SRM’s Court Kajiado, Kajiado Land Dispute Tribunal Case No 487/2008, Land Dispute Appeal No 5/2010, HCCC 235/2010 at Machakos and Miscellaneous Application No 167 of 2011 (Machakos High Court). There could be other cases. In all these cases, Moses Kirruti Lempaso and Grace Waithira Kirruti or Grace Waithera Gichuhi have been key actors.
7.In ELC 575 of 2017, which was decided almost a year ago, there is an application coming up 30/5/2023 which seeks to set aside the judgment and decree therein. Twenty six years since litigation over LR 1957 started, it seems that we are still at the beginning and the end of litigation is far away.
8.Article 159 of the Constitution of Kenya provides that justice shall not be delayed. Section 3 of the Environment and Land Court Act provides that land cases be heard in a just and expeditious manner. Section 1A (3) of the Civil Procedure Act requires parties to a suit and their advocates to assist the court to further the overriding objective of the Act which is to ensure a just, expeditious, proportionate and affordable resolution of civil dispute.
9.From the look of things, the biggest cause of delay in this dispute is a multiplicity of suits over LR Kajiado/Kitengela/1957.I find that the decision of this court made on June 23, 2017 in ELC 575 of 2017 applies in this case. In effect the two pending applications are dismissed. Any party dissatisfied with this decision has a right appeal with effect from today’s date.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 9TH DAY OF MAY, 2023.M.N. GICHERUJUDGE
