EUNICE SAOINA MARIMA AND PIARO OLE NORPOOR AND 1 Others VS PURKO DEVELOPMENT TRUST AND CHAIRMAN PDT AND 3 Others

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 3^rd 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.
6. Hearing of Application shall be on 26/09/2024.

Dated, signed, and delivered at Narok through Microsoft Teams Online Application this 31^st day of July, 2024.

………………….

F. Gikonyo M.

Judge

In the presence of: -

1.  Court Assistant – Mr. Otolo

2. Stanley Dikir for Plaintiff/Applicant - Present

3. Tuya holding brief for Ms. Maritim for

     4^th Respondent – Present