[2016] KEELC 1265 (KLR)
The court found that the petitioner had demonstrated a credible threat to his constitutional rights, including fair administrative action and fair trial, arising from the respondents' actions in scheduling a secret election to remove him from office without notice or reasons. The court noted that the 1st...
Source-derived case information.
- Citation
- [2016] KEELC 1265 (KLR)
- Parties
- Petitioner: Jacob Mantili Kang'ang'a; Respondent: The District Land Adjudication & Settlement Officer Igembe District; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 15 of 2016
- Procedural Posture
- Constitutional Petition / Interlocutory Application Ruling
- Outcome
- Interlocutory application partially allowed by consent; conservatory order granted.
- Legal Topics
- Fundamental Rights Enforcement, Fair Administrative Action, Right to Fair Trial, Land Adjudication Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mantili Kang'ang'a
Petitioner
The District Land Adjudication & Settlement Officer Igembe District
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application Ruling
Legal Issues
- 1 Whether the petitioner's constitutional rights to fair trial, fair administrative action, and equal protection of the law are threatened by the respondents' actions.
- 2 Whether the 1st respondent has the capacity to remove the petitioner from office as chairman of the committee.
- 3 Whether conservatory orders should issue to restrain the respondents from conducting the election pending determination of the petition.
Ratio Decidendi
The court found that the petitioner had demonstrated a credible threat to his constitutional rights, including fair administrative action and fair trial, arising from the respondents' actions in scheduling a secret election to remove him from office without notice or reasons. The court noted that the 1st respondent's capacity to remove the petitioner was questionable, as the petitioner was elected by the committee. By consent of the parties, the court allowed the prayer restraining the respondents from conducting the election of the chairman of the committee of Amwathi 1B Adjudication Section pending the hearing and determination of the petition, thereby preserving the status quo and...
Court Disposition
Interlocutory application partially allowed by consent; conservatory order granted.
Orders
- A conservatory order is issued restraining the 1st respondent and his officers, servants, agents, or any other person acting on his behalf from conducting an election of the chairman of the committee of Amwathi 1B Adjudication Section pending the hearing and determination of the petition or until further orders of...
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND COURT AT MERU
PETITION NO 15 OF 2016
IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOM OF THE INDIVIDUAL RIGHTS UNDER ARTICLE 10, 20, 21, 22, 28, 47,48, 50 AND 236
AND
IN THE MATTER OF: ENFORCEMENT OF FUNDAMENTAL RIGHTS AND FREEDOM OF THE INDIVIDUAL RIGHTS UNDER ARTICLE 10, 20, 21, 22, 28, 47,48, 50 AND 236 OF THE CONSTITUTION OF KENYA
BETWEEN
JACOB MANTILI KANG'ANG'A …...........................................PETITIONER
VERSUS
THE DISTRICT LAND ADJUDICATION & SETTLEMENT
OFFICER IGEMBE DISTRICT …..............................................1ST RESPONDENT
THE HON. ATTORNEY GENERAL..........................................2ND RESPONDENT
R U L I N G
1. This application is dated 20th June, 2016 and seeks orders:-
1) That service of this application be dispensed with in the first instance.
2) That this Petition be certified as urgent and be admitted for hearing on priority basis.
3) That a conservatory order to issue retraining the 1st Respondent and his officers ,servants, agents or any other person acting on his behalf from conducting an election of the Chairman of the committee of AMWATHI 1 B ADJUDICATION SECTION pending the hearing and determination of this application or until further orders of this court.
4) That a conservatory order to issue retraining the 1st Respondent and his officers, servants, agents or any other person acting on his behalf from conducting an election of the Chairman of the committee of AMWATHI 1B ADJUDICATION SECTION pending the hearing and determination of this petition or until further orders of this Court
5) That the costs of this application be provided for.
2. The application is supported by affidavits in support of the Petitioner's case. The application has the following grounds:-
1) The petition seeks the enforcement and protection of the petitioner's constitutional rights threatened by the respondents.
2) The Petitioner's constitutional rights for fair trial, the presumption of innocence, adequate time and facilities to prepare a defence, the right to legal representation and fair administrative action are likely to be violated unless the orders sought are granted herein.
3) That the 1st Respondent has scheduled the election of the Chairman of AMWATHI 1B ADJUDICATION SECTION on 23rd June, 2016 while the petitioner is still in office and he is not informed of the side election which is being held in secret.
4) That the petitioner has not been told the reason for his removal from office despite his numerous attempts to the 1st respondent's office inquiring so.
5) That the 1st respondent lacks capacity to remove the 1st respondent from office since he was elected by the committee.
6) The petitioner is entitled to equal protection of the law.
3. On 18th July, 2016 the parties agreed to have prayer 4 of the application allowed. I, therefore, deem the application heard and settled pending hearing and determination of the Petition.
4. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 18TH DAY OF JULY, 2016 IN THE PRESENCE OF:-
CC: Lilian/Daniel
P. M.NJOROGE
JUDGE