[2014] KESC 46 (KLR)
The Supreme Court recognizes the urgency and constitutional significance of the issues raised by the National Land Commission regarding land and property rights. The Court directs that no public agency should proceed to crystallize normative positions on the relevant land issues until the Judiciary has provided...
Source-derived case information.
- Citation
- [2014] KESC 46 (KLR)
- Parties
- Applicant: National Land Commission; Respondent: Attorney General and Ministry concerned; Amicus Curiae: Katiba Institute
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Advisory Opinions Application 2 of 2014
- Procedural Posture
- Advisory Opinion / Pre Hearing Directions
- Outcome
- Directions and orders issued for filing of submissions, admission of amicus curiae, and scheduling of hearing.
- Judges
- JB Ojwang
- Legal Topics
- Advisory Opinion Jurisdiction, Land Rights, Public Agency Governance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Land Commission
Applicant
Attorney General and Ministry concerned
Respondent
Katiba Institute
Amicus Curiae
Procedural Posture
Advisory Opinion / Pre Hearing Directions
Legal Issues
- 1 Whether the Supreme Court should issue an advisory opinion on the contested land and property rights issues under the Constitution.
- 2 Whether public agencies should refrain from crystallizing normative positions on land issues pending judicial guidance.
Ratio Decidendi
The Supreme Court recognizes the urgency and constitutional significance of the issues raised by the National Land Commission regarding land and property rights. The Court directs that no public agency should proceed to crystallize normative positions on the relevant land issues until the Judiciary has provided guidance through proper hearings and evaluations. The Court sets timelines for the filing and serving of submissions by all parties, admits Katiba Institute as amicus curiae, and schedules the matter for hearing before a full Bench. These directions are issued to preserve the integrity of constitutional processes and ensure that judicial authority is respected in matters of public...
Court Disposition
Directions and orders issued for filing of submissions, admission of amicus curiae, and scheduling of hearing.
Orders
- All parties to file and serve submissions within 15 days.
- Katiba Institute admitted as amicus curiae and may file submissions within 15 days.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE SUPREME COURT OF KENYA AT NAIROBI
ADVISORY OPINION NO.2 OF 2014
BY THE NATIONAL LAND COMMISSION UNDER ARTICLE 16(6) OF THE CONSTITUTION
RULING
The matter before the Court is a request for an Advisory Opinion on a matter that is important, in terms of the due conduct of the processes of governance under the Constitution, and in terms of the fundamental rights guarantees of the Constitution which have a bearing on the property rights in general, and land rights in particular.
From this background, it is clear that contested issues in this case are for urgent resolution by this Court. Moreover, as the relevant issues touch on essentials of good governance, good sense dictates that no public agency should proceed to crystallize normative positions in respect of the relevant land issues, until the matter has been duly considered by the Judicial Authority of the State, and proper guidance, founded on proper hearings and evaluations, has been solemnly given by the Judiciary.
Firstly, I give the direction that counsel serving agencies of the public sector should endeavour to secure the principles stated herein above.
Secondly,it will make the following specific orders:
All parties are at liberty to file and serve their documents of submission within fifteen (15) days of the date hereof.
Katiba Institute is hereby admitted to the status of amicus curiae, and the Institute may also file and serve any submissions within 15 days of the date hereof.
Learned Senior Counsel, Mr. Paul Muite, shall forthwith formalize his representation of the office of the Attorney General and of the Ministry concerned, and shall file and serve any documents of submission or information within 15 days of the date hereof.
This matter shall be listed for hearing before a full Bench of the Supreme Court on Wednesday 23/7/2014 as from 10. 00 a.m; and Thursday 24. 7.2014 as from 10. 00 a.m.
Orders accordingly:
J.B. OJWANG
JUDGE OF THE SUPREME COURT
26. 6.2014
I CERTIFY THIS IS A TRUE COPY OF THE ORIGINAL
REGISTRAR
SUPREME COURT OF KENYA