REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL APPEAL CASE NO. E032 OF 2023 M’MAILANYI M’ELONGI.............................................APPELLANT -VERSUSJUSTUS MUGAA M’IMPWI.......................................RESPONDENT RULING (EX-TEMPORE) 1. This matter was listed before me for directions on the respondent’s application dated 11/3/2025 through which he sought an order directing release to him of the sum of Kshs. 100,000 which the appellant deposited in court as security. The appellant does not oppose the application save that he wants the sum over and above the taxed costs released to his advocates, M/s Murango Mwenda & Co Advocates. Page 1 | 2
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2. In the absence of any objection, and taking into account the submissions by counsel for the appellant, it is hereby ordered as follows:1) Subject to confirmation of actual deposit of Kshs 100,000 by the appellant, the Court Registry shall release to M/s Joshua Mwiti Law Advocates Kshs 96,050/=. 2) The balance [Kshs 3,950] shall be released to the appellant’s advocates, M/s Murango Mwenda & Co. Advocates. 3) The application dated 11/3/2025 is marked “disposed in the above terms” with no order as to costs. DATED, SIGNED AND DELIVERED AT MERU THIS 5TH DAY OF OCTOBER, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Mr Joshua Mwiti for the Respondent. Mr M’Mailanyi – Present in Person. Mr Murimi for the Appellant – Now Present Court Assistant – Mr. E. Tupet Page 2 | 2
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