Environment & Land Petition 12 of 2022

Case Metadata
Case Number:	Environment & Land Petition 12 of 2022
Parties:	Elmi & another v Cabinet Secretary Ministry of Land & Physical Planning & another
Date Delivered:	22 May 2023
Case Class:
Court:	Environment and Land Court at Isiolo
Case Action:	Ruling
Judge(s):	Peter Muchoki Njoroge
Citation:	Elmi & another v Cabinet Secretary Ministry of Land & Physical Planning & another (Environment & Land Petition 12 of 2022) [2023] KEELC 17479 (KLR) (22 May 2023) (Ruling)
Court Division:	Environment and Land
County:	Isiolo
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

Elmi & another v Cabinet Secretary Ministry of Land & Physical Planning & another

Date Delivered:

22 May 2023

Case Class:

Court:

Environment and Land Court at Isiolo

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Elmi & another v Cabinet Secretary Ministry of Land & Physical Planning & another (Environment & Land Petition 12 of 2022) [2023] KEELC 17479 (KLR) (22 May 2023) (Ruling)

Court Division:

Environment and Land

County:

Isiolo

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Elmi & another v Cabinet Secretary Ministry of Land & Physical Planning & another (Environment & Land Petition 12 of 2022) [2023] KEELC 17479 (KLR) (22 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17479 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Petition 12 of 2022

PM Njoroge, J

May 22, 2023

Between

Ali Said Elmi

1^st Petitioner

Mohamed Abdi Ahmed

2^nd Petitioner

and

Cabinet Secretary Ministry of Land & Physical Planning

1^st Respondent

Attorney General

2^nd Respondent

Ruling

1.In this petition, the petitioners sought the following orders;a.That this honourable court be pleased to grant declaratory orders declaring that the actions of the 1^st Respondent violated the constitution and is null and void ab initio.b.That this honourable court be pleased to grant to the petitioners stay orders as against the 1^st Respondent’s purported land adjudication application order under legal notice No.150 of 2019.c.An order of certiorari be granted by this honourable court to bring into this court and quash the 1^st Respondent’s action of the August 27, 2019 legal notice No.150 being the land adjudication (Application) order, 2019.d.An order of prohibition directed at the 1^st Respondent prohibiting it from any further surveying, demarcation, mapping, documenting and developing works within Isiolo County.e.That such further orders and directions be issued to facilitate just, expeditious and fair determination of this application and the petition.

2.On April 17, 2023, the parties informed the court that they had filed a Notice of Withdrawal of the suit. Upon perusal of the Notice, I find that the said Notice has been properly filed and served upon all concerned parties in terms of Order 25 Rule 1 of the Civil Procedures Rules.

3.In the circumstances, the following orders are issued:a.This suit is hereby marked as withdrawn and should not be reintroduced in the ELC Court.b.No costs are awarded.

DELIVERED IN OPEN COURT AT ISIOLO THIS 22^ND DAY OF MAY, 2023 IN THE PRESENCE OFCourt assistant: BaloziHON. JUSTICE P.M NJOROGEJUDGE

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Environment & Land Petition 12 of 2022

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