[2019] KEELC 4116 (KLR)
The court found that, given the nature of the application and the lapse of the Gazette Notice's time frame, it was more appropriate to certify the application as urgent and direct that it be served upon the respondents for an inter-partes hearing. The court declined to grant a stay of the implementation of the...
Source-derived case information.
- Citation
- [2019] KEELC 4116 (KLR)
- Parties
- Applicant: Jackson Ekaru Nakusa & 32 Others; Respondent: National Land Commission; Respondent: The Attorney General; Respondent: County Government of Turkana
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application
- Outcome
- Application certified as urgent; no substantive orders granted at this stage.
- Judges
- FM Njoroge
- Legal Topics
- Compulsory Acquisition, Gazette Notice Procedure, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Ekaru Nakusa & 32 Others
Applicant
National Land Commission
Respondent
The Attorney General
Respondent
County Government of Turkana
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the implementation of the National Land Commission's decision on compulsory acquisition should be stayed pending inter-partes hearing.
- 2 Whether the application meets the threshold for certification as urgent.
Ratio Decidendi
The court found that, given the nature of the application and the lapse of the Gazette Notice's time frame, it was more appropriate to certify the application as urgent and direct that it be served upon the respondents for an inter-partes hearing. The court declined to grant a stay of the implementation of the National Land Commission's decision at this stage, emphasizing the importance of hearing both parties before making substantive orders. The urgency of the matter was recognized, but procedural fairness required that the respondents be given an opportunity to respond before any interim relief could be granted.
Court Disposition
Application certified as urgent; no substantive orders granted at this stage.
Orders
- The application dated 11/3/2019 is certified as urgent.
- The application shall be served upon the respondents within 2 days of this order.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
ELC PETITION NO. 3 OF 2019
JACKSON EKARU NAKUSA & 32 OTHERS...................PETITIONERS
VERSUS
NATIONAL LAND COMMISSION.............................1ST RESPONDENT
THE ATTORNEY GENERAL.......................................2ND RESPONDENT
COUNTY GOVERNMENT OF TURKANA...............3RD RESPONDENT
RULING
1. I have considered the application dated 11/3/2019. The same relates to compulsory acquisition of land within Turkana County, which is impugned. An order is sought to stay the decision made by the 1st respondent evinced in Gazette Notice N. 1157.
2. In summary prayers 2, 3, 4 and 5 of the motion can be summed up into one prayer: that the implementation of decision of the 1st respondent herein evidenced by the Gazette Notice No. 1157 of 8th February, 2019 be stayed pending inter-partes hearing of the application. It has already been submitted that the Gazette Notice had a time frame of 30 days which has already lapsed and that the respondent can initiate an inquiry.
3. However I find it to be more appropriate in a matter of this nature to have the matter certified urgent and the application be served upon the respondents for hearing inter-partes on an expeditious basis before any substantive orders are made.
4. I therefore certify the application dated 11/3/2019 as urgent. The same shall be served upon the respondents within 2 days of this order for hearing inter-partes on 19/3/2019.
It is so ordered.
Dated, signed and deliveredatKitale on this11thday of March, 2019.
MWANGI NJOROGE
JUDGE