REPUBLIC OF KENYA

IN THE PRINCIPAL MAGISTRATE’S COURT AT BOMET

ENVIRONMENT AND LAND CASE NO.E18 OF 2021

SAMARI CHELANGAT CHUMO………………………………………PLAINTIFF

VERSUS

JOSEPH KIPKIRUI KORIR……………………………………………1ST DEFENDANT

CHARLES KORIR………………………………………………………..2ND DEFENDANT

(In the Principal Magistrates Court at Bomet on the 4th day of April, 2022
before the Honorable Justice L. Kiniale)

ORDER

THIS MATTER coming up for ruling on the preliminary objection dated on the
7th March 2022 on the 4th day of April, 2022 before the Honorable L. Kiniale,
PM, in the presence of Ms. Kosgey holding brief for Mugumya for the
defendants and in the absence of the plaintiff:-

IT IS HEREBY ORDERED :-

1. THAT the plaintiff’s suit is fatally defective ab initio and in the

circumstances the court upholds the preliminary objection and proceeds
to strike out and dismiss this suit with costs to the defendants.

GIVEN under my HAND and SEAL of this court this 4th day of April 2022.

ISSUED at BOMET this 4th day of April 2022.

L. KINIALE
PRINCIPAL MAGISTRATE
BOMET LAW COURTS