Case ID:186108

Paul Odhiambo Jaramba & 2 others v Kenya Informal Settlements Improvement Project (KISSIP) & 5 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 38 of 2020

Parties:

Paul Odhiambo Jaramba, Daniel Nyerere Kochele & Marion Atieno Ojiem v Kenya Informal Settlements Improvement Project (KISSIP), County Government of Kisumu, Commissioner for Lands, Director of Surveys of Kenya, Attorney General & Ethics and Anti-Corruption Commission

Date Delivered:

19 Nov 2021

Case Class:

Civil

Court:

Environment and Land Court at Kisumu

Case Action:

Ruling

Judge(s):

Antony Ombwayo

Citation:

Paul Odhiambo Jaramba & 2 others v Kenya Informal Settlements Improvement Project (KISSIP) & 5 others [2021] eKLR

Court Division:

Environment and Land

County:

Kisumu

Case Outcome:

Application dismissed with costs

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

R

EPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KISUMU

ELC. CASE NO. 38 OF 2020

PAUL ODHIAMBO JARAMBA........................................................1

ST

APPLICANT

DANIEL NYERERE KOCHELE.....................................................2

ND

APPLICANT

MARION ATIENO OJIEM..............................................................3

RD

APPLICANT

VERSUS

KENYA INFORMAL SETTLEMENTS

IMPROVEMENT PROJECT (KISSIP)......................................1

ST

RESPONDENT

COUNTY GOVERNMENT OF KISUMU..................................2

ND

RESPONDENT

COMMISSIONER FOR LANDS................................................3

RD

RESPONDENT

DIRECTOR OF SURVEYS OF KENYA...................................4

TH

RESPONDENT

HON. ATTORNEY GENERAL.................................................5

TH

RESPONDENT

ETHICS AND ANTI-CORRUPTION

COMMISSION...........................................................................6

TH

RESPONDENT

RULING

On the 4/6/2020, this court made an order that the application dated 12/3/2020 be served within 3 days and that the Respondents were to file and serve a reply within 7 days of service. The Applicants were to file a supplementary affidavit with submissions within 7 days of service. The Respondents were file submissions within 7 days of service. The ruling was reserved to be delivered on notice. It appears that the directions were not complied with. There is no affidavit of service on record and are no replying affidavits for the 1

st

– 5

th

Respondents, save the 6

th

Respondent. I have considered the application and do find that it lacks merit as it is not premised on any suit known in law. There is neither a plaint nor a petition lodged with the application. Moreover, failure to serve to 1

st

to 5

th

Respondents is an abuse of the process of court. The application dated 12/3/2020 is dismissed with costs.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19

th

DAY OF NOVEMBER, 2021

ANTONY OMBWAYO

JUDGE

This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15

th

March 2020.

ANTONY OMBWAYO

JUDGE