Kathurima v County Government of Meru & another (Environment and Land Case 79 of 2019) [2026] KEELC 462 (KLR) (2 February 2026) (Ruling)

Kathurima v County Government of Meru & another (Environment and Land Case 79 of 2019) [2026] KEELC 462 (KLR) (2 February 2026) (Ruling) Neutral citation: [2026] KEELC 462 (KLR) Republic of Kenya In the Environment and Land Court at Meru Environment and Land Case 79 of 2019 BM Eboso, J February 2, 2026 Between Col (Rtd) Dr Henry Muthee Kathurima Applicant and County Government Of Meru 1st Defendant Chief Land Registrar 2nd Defendant Ruling 1.The court has considered the plea for an adjournment. The defence which M/s Kiautha Arithi & Co Advocates are conducting is that of the 1st defendant. If the 1st defendant is disinterested in prosecuting their defence, that is not a proper ground for an adjournment. Whereas the court appreciates the predicament of M/s Kiautha Ariithi & Co Advocates, it is not lost to the court that the defence which the said lawyers are seized of is that of the 1st defendant. If the said defendant does not want to present its defence evidence, the court will not force it to do so. Similarly, its refusal to present defence evidence cannot be a proper basis for an adjournment. 2.For the above reason, the plea for an adjournment is declined. **DATED, SIGNED AND DELIVERED AT MERU THIS 2ND DAY OF FEBRUARY, 2026.****B M EBOSO****ELC JUDGE** In the presence of:Mr Mwirigi Kaburu for the Plaintiff.Mr Gikunda Kiautha holding brief for Mr Kiautha Arithi for the 1st Defendant.2nd Defendant - AbsentCourt Assistant – Mr. E. Tupet