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Original judgment

Magiri & 2 others v M'Twerandu alias M’Magiri M’Twerandu & 6 others (Environment and Land Case E021 of 2024) [2026] KEELC 2466 (KLR)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELC LAND CASE NO. E021 OF 2024 BENSON MIRITI MAGIRI ..................................1ST PLAINTIFF FRANCIS MWIRARIA M’MAGIRI........................2ND PLAINTIFF GLADYS MPINGA MAGIRI.................................3RD PLAINTIFF =VERSUS= SIMON M’MAGIRI M’TWERANDU alias M’MAGIRI M’TWERANDU ...............................1ST DEFENDANT JUDITHI KARUTHU MAGIRI...........................2ND DEFENDANT MIRITI FRANK MBAYA...................................3RD DEFENDANT KAAI BUNDI JAMES.......................................4TH DEFENDANT KENYA ASSEMBLIES OF GOD CHURCH – KITHIMA (Sued through Chairman, Secretary & Treasurer).....................................................5TH DEFENDANT ELC L CASE NO E021 OF 2024 Page 1 | 3

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THE LAND REGISTRAR – MERU CENTRAL.....6TH DEFENDANT THE HON ATTORNEY GENERAL.....................7TH DEFENDANT RULING (EX-TEMPORE) 1. Before court for consideration is the plaintiffs’ notice of notion dated 27/3/2026, through which they seek an order substituting Frank Miriti Mbaya in place of Simon M’Magiri M’Twerandu who is said to have died on 10/6/2025. The application is unopposed. The court has looked at the exhibited death certificate and the limited grant. 2. In the absence of any opposition to the application, the same is allowed in terms of prayer 1. The plaint shall be amended and the amended plaint shall be filed and served within 14 days. DATED, SIGNED AND DELIVERED AT MERU THIS 29TH DAY OF APRIL, 2026. B M EBOSO [MR] JUDGE In Presence of Mr. Mwanzia for the plaintiff. 1st – 4th Defendants – Absent Mr Harun Gitonga Advocate for the 5th Defendant Ms E. Wairimu for the 6th and 7th Defendants. ELC L CASE NO E021 OF 2024 Page 2 | 3

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Court Assistant - Tupet ELC L CASE NO E021 OF 2024 Page 3 | 3

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