[2020] KEELC 3005 (KLR)

[2020] KEELC 3005 (KLR)

The court found that the consent order of 14th June 2010 and subsequent orders allocating 300 acres to the Administration Police were a nullity, as the Attorney General was not a party to the proceedings at the time and the Administration Police now claims entitlement to 5,300 acres. The court held that the process...

Source-derived case information.

Citation
[2020] KEELC 3005 (KLR)
Parties
Plaintiff: B2 Yatta Ranching Co-operative Society Ltd; Defendant: County Council of Kitui; Defendant: Cedric Sammy Mwanzia; Defendant: Muthengi Mulambaya; Defendant: Musyoki Syuki; Defendant: Nguu Ndonga; Defendant: Benson Nguthu; Defendant: Festus Musumba Kakya; Defendant: Joseph Ndeli Musyoka; Defendant: Pius Kakono Kau; Defendant: Geoffrey Didinga Sambi; Defendant: Beatrice Matheka; Defendant: Munini Kithami; Defendant: The Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Case Number
Environment & Land Case 109 of 2018
Procedural Posture
Environment and Land Case / Ruling on Multiple Interlocutory Applications
Outcome
Applications for joinder and amendment allowed in part; prior consent and related orders set aside; injunctive relief denied; each party to bear own costs.
Judges
OA Angote
Legal Topics
Trust Land, Adjudication Area Declaration, Joinder of Parties, Injunctive Relief, Allocation of Public Land
Source Language
en
Land and Property Civil Procedure Trust Land Adjudication Area Declaration Joinder of Parties Injunctive Relief Allocation of Public Land

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Parties

B2 Yatta Ranching Co-operative Society Ltd

Plaintiff

County Council of Kitui

Defendant

Cedric Sammy Mwanzia

Defendant

Muthengi Mulambaya

Defendant

Musyoki Syuki

Defendant

Nguu Ndonga

Defendant

Benson Nguthu

Defendant

Festus Musumba Kakya

Defendant

Joseph Ndeli Musyoka

Defendant

Pius Kakono Kau

Defendant

Geoffrey Didinga Sambi

Defendant

Beatrice Matheka

Defendant

Munini Kithami

Defendant

The Attorney General

Defendant

Procedural Posture

Environment and Land Case / Ruling on Multiple Interlocutory Applications

Legal Issues

  1. 1 Whether the Attorney General should be enjoined as a defendant and allowed to file a defence and witness statement.
  2. 2 Whether the consent order allocating 300 acres to the Administration Police is valid and binding.
  3. 3 Whether the 2nd-7th Defendants are entitled to injunctive relief over the suit property.

Ratio Decidendi

The court found that the consent order of 14th June 2010 and subsequent orders allocating 300 acres to the Administration Police were a nullity, as the Attorney General was not a party to the proceedings at the time and the Administration Police now claims entitlement to 5,300 acres. The court held that the process of declaring land an adjudication area and ascertaining rights over trust land is not within the court's mandate but is the responsibility of the County Government and National Land Commission. The 2nd-7th Defendants failed to establish a prima facie case for injunctive relief, as they did not provide sufficient evidence of occupation or allocation, and their rights, if any,...

Court Disposition

Applications for joinder and amendment allowed in part; prior consent and related orders set aside; injunctive relief denied; each party to bear own costs.

Orders

  • The consent order of 14th June 2010, and the orders of 22nd January 2019 and 18th June 2019 are set aside.
  • The 2nd-7th Defendants' Notice of Motion dated 18th July 2019 (for joinder and amendment) is allowed in terms of prayer numbers 2 and 3.