WILSON K. KISEET & 2 OTHERS v COUNTY COUNCIL OF TRANS MARA & ANOTHER [2008] KEHC 3137 (KLR)

Facts

The applicants, Wilson K. Kiseet, David Leboo Ole Kilusu, and Kokwet Ole Kunini, are residents of Trans Mara. They filed an originating summons against the County Council of Trans Mara and the Oloisukut Community Conservation Trust, seeking an injunction to restrain the defendants from paying out park fees and demanding funds held in trust for the Group Ranches and communities around the Maasai Mara Game Reserve.

Issues

1. Defect in the commencement of the suit
2. Lack of appropriate affidavit in support of the originating summons

Reasoning

The plaintiffs' application was defective in law as it did not comply with the requirements of Order XV1 rule 1(a)(e)(g) of the Civil Procedure Rules and Order XXXVI of the Civil Procedure Rules. The plaintiffs' suit was not brought in the correct format and there was no appropriate affidavit in support of the originating summons.

Outcome

The suit is struck out with costs to the 1st defendant.

Authorities cited