[2019] KEELC 4184 (KLR)
The court found that the application for conservatory orders to stay the implementation of the compulsory acquisition decision was urgent due to the potential prejudice to the applicant if the acquisition proceeded before the matter was heard. The court exercised its discretion to certify the application as urgent...
Source-derived case information.
- Citation
- [2019] KEELC 4184 (KLR)
- Parties
- Applicant: County Government of Turkana; Respondent: National Land Commission; Respondent: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- ? 2 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Urgency and Service of Application
- Outcome
- Application certified urgent and set for inter-partes hearing.
- Judges
- FM Njoroge
- Legal Topics
- Compulsory Acquisition, Conservatory Orders, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Turkana
Applicant
National Land Commission
Respondent
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Urgency and Service of Application
Legal Issues
- 1 Whether the application seeking conservatory orders to stay compulsory acquisition of land should be certified as urgent.
- 2 Whether the respondents should be served and the matter set for inter-partes hearing expeditiously.
Ratio Decidendi
The court found that the application for conservatory orders to stay the implementation of the compulsory acquisition decision was urgent due to the potential prejudice to the applicant if the acquisition proceeded before the matter was heard. The court exercised its discretion to certify the application as urgent and directed that it be served upon the respondents within two days for an inter-partes hearing. This ensures that the parties are heard promptly and that the status quo is preserved pending the determination of the application.
Court Disposition
Application certified urgent and set for inter-partes hearing.
Orders
- The application dated 8/3/2019 is certified urgent.
- The application to be served upon the respondents within 2 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
ELC PETITION NO. 2 OF 2019
COUNTY GOVERNMENT OF TURKANA.........................PETITIONER
VERSUS
NATIONAL LAND COMMISSION..............................1ST RESPONDENT
THE ATTORNEY GENERAL......................................2ND RESPONDENT
RULING
1. I have examined the application dated 8/3/2019. Prayer No. 2 seeks a conservatory order staying the implementation of the respondents’ decision to compulsorily acquire land in Turkana County an evinced in Gazette Notice No. Vol. C XX1 No. 16 dated 8th February, 2019 issued by the 1st respondent.
2. I have already observed in Petition No. 3 of 2019 which is closely related to this that it is appropriate to have the matter certified urgent and the application set down for hearing on an expeditious basis.
3. I therefore certify the application dated 8/3/2019 urgent. I order that the same be served upon the respondents within 2 days for inter-partes hearing on 19/3/2019.
It is so ordered.
Dated, signed and delivered at Kitale on this 11th day of March, 2019.
MWANGI NJOROGE
JUDGE