[2019] KEELC 3920 (KLR)
The court determined that, in light of the respondent's challenge to the accuracy of the Land Adjudication and Settlement Officer's report and the oral application for a site visit, it was appropriate to set the petition down for hearing and direct the parties to raise all pertinent issues at that time. The court...
Source-derived case information.
- Citation
- [2019] KEELC 3920 (KLR)
- Parties
- Applicant: The Hon. Attorney General; Respondent: Isaiah Muturi Mucee
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 2 of 2018
- Procedural Posture
- Constitutional Petition / Ruling on Directions and Interlocutory Application
- Outcome
- Petition set down for hearing; directions issued for parties to raise issues at hearing.
- Judges
- FM Njoroge
- Legal Topics
- Right to Property, Land Adjudication, Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Hon. Attorney General
Applicant
Isaiah Muturi Mucee
Respondent
Procedural Posture
Constitutional Petition / Ruling on Directions and Interlocutory Application
Legal Issues
- 1 Whether the Land Adjudication and Settlement Officer's report is accurate and reliable.
- 2 Whether the court should conduct a site visit to the subject land.
Ratio Decidendi
The court determined that, in light of the respondent's challenge to the accuracy of the Land Adjudication and Settlement Officer's report and the oral application for a site visit, it was appropriate to set the petition down for hearing and direct the parties to raise all pertinent issues at that time. The court exercised its discretion to manage the proceedings efficiently and ensure that all relevant matters, including the reliability of the report and the necessity of a site visit, would be addressed during the substantive hearing. No final determination was made on the merits of the report or the application for a site visit at this stage.
Court Disposition
Petition set down for hearing; directions issued for parties to raise issues at hearing.
Orders
- This petition be heard on 6th May, 2019.
- Parties to raise pertinent issues during the hearing.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO. 02 OF 2018
IN THE MATTER OF ARTICLES 20, 21, 22, 13 AND 165 (3) (B) OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF ARTICLES 1 (1), 40, 42, 53 AND 156(6) OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013
AND
IN THE MATTER OF SECTIONS 3, 4 (3) AND 13 OF THE ENVIRONMENT AND LAND COURT ACT NO. 19 OF 2011
BETWEEN
THE HON. ATTORNEY GENERAL...........PETITIONER/APPLICANT
VERSUS
ISAIAH MUTURI MUCEE.................................................RESPONDENT
RULING
1. When this matter came up for directions, the court was informed that the report by the Land Adjudication and Settlement Officer, Tharaka South/North Sub County, had been filed.
2. The respondent, Isaiah Muturi Mucee, vehemently disputed the accuracy of the apposite report. He orally made an application for the court to visit the subject land.
3. I issue the following orders:
a) This petition be heard on 6th May, 2019.
b) Parties to raise pertinent issues during the hearing.
Delivered in open Court at Chuka this 3rd day of April, 2019 in the presence of:
CA: Ndegwa
Kiongo for the Petitioner
Isaiah Muturi Mucee - Respondent
P.M. NJOROGE
JUDGE