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Republic v Deputy County Commissioner Tigania Central & 2 others; Baariu (Interested Party); Gatebia (Ex parte Applicant) (Environment and Land Judicial Review Case E011 of 2025) [2025] KEELC 6802 (KLR)

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Republic v Deputy County Commissioner Tigania Central & 2 others; Baariu (Interested Party); Gatebia (Ex parte Applicant) (Environment and Land Judicial Review Case E011 of 2025) [2025] KEELC 6802 (KLR) (7 October 2025) (Ruling) Neutral citation: [2025] KEELC 6802 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND JUDICIAL REVIEW CASE E011 OF 2025 BM EBOSO, J OCTOBER 7, 2025 BETWEEN REPUBLIC ................................................................................................... PLAINTIFF AND DEPUTY COUNTY COMMISSIONER TIGANIA CENTRAL .... 1ST RESPONDENT DISTRICT LAND AND SETTLEMENT OFFICER TIGANIA CENTRAL/ EAST ................................................................................................ 2ND RESPONDENT THE HON ATTORNEY GENERAL, STATE LAW OFFICE .... 3RD RESPONDENT AND BERNARD BAARIU ............................................................... INTERESTED PARTY AND MARTHA GATEBIA ........................................................... EX PARTE APPLICANT RULING [Ex-Tempore] 1. On 28/8/2025, this court granted the Ex-parte Applicant leave to bring a substantive judicial review motion within 21 days. On 3/9/2025, the Ex-parte Applicant brought a notice of motion dated 3/9/2025 seeking the very leave that had been granted on 28/8/2025. 2. In the absence of a proper substantive judicial review motion, this cause stands to be struck out for being fatally defective. The cause is struck out. The Ex-parte Applicant will be at liberty to initiate a fresh cause for leave. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6802/eng@2025-10-07 1

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3. This file shall be marked as “closed”. The Ex-parte Applicant shall bear costs of the parties who appointed Advocates/Counsel and filed responses. It is so ordered. DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 7TH DAY OF OCTOBER, 2025. B M EBOSO [MR] JUDGE In the presence of; Ms Wairimu for the Respondents Mr. Otieno C for the Interested Party Mr Mwiti for the Ex-parte Applicant Court Assistant – Tupet https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6802/eng@2025-10-07 2

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