[2013] KEHC 5206 (KLR)
The court allowed the application for conservatory orders on the basis that both parties had consented to the relief sought. The court recognized the petitioner's claim of threatened violation of property rights under Article 40 of the Constitution and, in the absence of opposition from the respondents, found it...
Source-derived case information.
- Citation
- [2013] KEHC 5206 (KLR)
- Parties
- Petitioner: Akithii Ranching (Directed Agricultural) Company Limited; Respondent: District Land Adjudication and Settlements Officer Tigania Districts; Respondent: Permanent Secretary, Ministry of Lands; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 23 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Chamber Summons for Conservatory Orders
- Outcome
- Application for conservatory orders allowed by consent.
- Judges
- FM Njoroge
- Legal Topics
- Right to Property, Conservatory Orders, Land Adjudication, Constitutional Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Akithii Ranching (Directed Agricultural) Company Limited
Petitioner
District Land Adjudication and Settlements Officer Tigania Districts
Respondent
Permanent Secretary, Ministry of Lands
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Chamber Summons for Conservatory Orders
Legal Issues
- 1 Whether the petitioner is entitled to conservatory orders for the protection of its property rights under Article 40 of the Constitution.
- 2 Whether the actions of the respondents contravened the petitioner's fundamental rights and freedoms relating to land.
Ratio Decidendi
The court allowed the application for conservatory orders on the basis that both parties had consented to the relief sought. The court recognized the petitioner's claim of threatened violation of property rights under Article 40 of the Constitution and, in the absence of opposition from the respondents, found it appropriate to grant the orders as prayed. The decision was grounded in the constitutional mandate to protect fundamental rights and the procedural propriety of recording consent orders where parties are in agreement.
Court Disposition
Application for conservatory orders allowed by consent.
Orders
- Conservatory orders in terms of prayers 2, 3, 4, and 5 of the application are granted.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
High Court at Meru
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IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS
ANDFREEDOMS UNDER ARTICLE 40 OF THE CONSITITUTION OF KENYA 2010
AND
IN THE MATTER OF ARTICLES 22 AND 23 AND 68 OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE LAND ACT NO. 6 OF 2012
BETWEEN
AKITHII RANCHING (DIRECTED AGRICULTURAL) COMPANY LIMITED...................................................PETITIONER
AND
THE DISTRICT LAND ADJUDICATION AND SETTLEMENTS OFFICERTIGANIA DISTRICTS.....1ST RESPONDENT
THE PERMANENT SECRETARY, MINISTRY OF LANDS...................................................................2ND RESPONDENT
THE HON. ATTORNEY GENERAL........................................................................................................3RD RESPONDENT
RULING
The certificate herein dated 13. 10. 2010 was brought by the petitioner by way of chamber summons.
By consent both parties have agreed that the conservatory orders sought therein be granted.
I, therefore, allow the application. Consequently orders in terms of prayers 2, 3, 4 and 5 are granted.
Costs will be in the case.
DATED THIS 25TH DAY OF JANUARY 2013 AT MERU.
P. M. NJOROGE
JUDGE