REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU ENVIRONMENT AND LAND COURT CIVIL CASE NO. 76 OF 2015 CATHERINE KAGENI.........................................................1ST PLAINTIFF CECILIA MAKEMBO …........................................................2ND PLAINTIFF EVANS MWITI.....................................................................3RD PLAINTIFF JOSEPH KAARIA................................................................4TH PLAINTIFF BRIDGET ITHERU................................................................5TH PLAINTIFF PENINIAH MAGIRI...............................................................6TH PLAINTIFF VERSUS THE COUNTY GOVERNMENT OF MERU …............................DEFENDANT JUDGMENT 1. In their Plaint dated 2nd September, 2016, the Plaintiffs jointly and severally pray for judgment against the defendant for:a) An order of injunction restraining the defendant by its officials, agents, constructors or anybody else acting at its behalf from evicting, demolishing the Plaintiffs' houses/stalls standing on the defendant's property known as 491/ ANGAINE ESTATE situated within Meru County until the plaintiffs are fully compensated of their doors and windows upon issuance of valid and lawfully (sic) notice to the plaintiffs terminating tenancy pursuant to the provision of section 4 (2) and (6) of the Landlord and Tenant (shops, hotels and catering establishments ) Act Cap 301 laws of Kenya. b) Costs and interest of the suit. c) Any other better relief the honourable court deems fit and just to grant. 2. On 20th December, 2016, the parties proffered a Consent, properly signed by their Advocates, which was in the following terms:RE-CONSENT “Kindly record the following Consent order:-
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That by Consent of all parties the parties herein this matter be settled on the following terms:1. That the Defendant do pay all the Plaintiffs a total of Kshs. 1,600,000/= all inclusive payable upon execution and signing of this consent. 2. That the current residents (Plaintiffs) families to vacate the suit land within the next 60 days from the date of signing this consent. 3. That upon signing of this consent this suit be marked as settled. 4. That each party to bear their own costs. 3. The consent is adopted as an order of this Court. 4. This suit is marked as settled and should be removed from the record of pending suits. 5. It is so ordered. DELIVERED IN OPEN COURT AT MERU THIS 20TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:C:A Daniel /James Kiogora Mugambi for the Plaintiffs C.B Mwongela for the Defendant P. M. NJOROGE JUDGE
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