MUSA NDALIRO MUCHELULE AND MUSA NDALIRO MUCHELULE AND 1 Others VS

RULING

1. This file is a Kakamega file.
2. The Petitioners and the court on 11^th July, 2024 were of the view that the said Petition should proceed in this court just for purposes of expediting the matter.
3. However, the court is apprehensive that the dispute is in Kakamega County which has an Environment and Land Court that is able to hear and determine expeditiously.
4. The courts are usually guided to hear and conclude matters in line with the statutes as well as the Practice directions issued by the Chief Justice which are applicable to all other courts.
5. This court has no exception to these directions and there is no reason demonstrated to show why the matter cannot expeditiously be concluded in the Kakamega court.
6. Consequently, the direction that this file be heard in Eldoret made on 11^th July, 2024 is hereby reviewed and/or set aside on the court’s own motion and the file is transferred back to Kakamega ELC for final determination.
7. The matter will be mentioned on 6^th March, 2025 before the Kakamega ELC Judge.
8. The Deputy Registrar is directed to ensure the file is dispatched to the Deputy Registrar Kakamega by close of business tomorrow.

DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 19^TH FEBRUARY 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Counsel for Plaintiff: Mr. Kongani holding brief for Mr. Kipngeno for Petitioner.

Counsel for Defendant: Ms. Obino for the 1^st Defendant

    Miss Chunge for 2^nd Defendant – no appearance

    Ms. Cheruiyot for 3^rd Defendant – no appearance