[2017] KEELC 3647 (KLR)
The court found that the applicant had made reasonable efforts to obtain information regarding the creation of the subject land parcels but was unsuccessful. The applicant is entitled to access such information under Article 35 of the Constitution. The respondent, as a public office, is obligated to provide the...
Source-derived case information.
- Citation
- [2017] KEELC 3647 (KLR)
- Parties
- Applicant: Jared Otieno Aridi; Respondent: District Adjudication and Settlement Officer Bondo and Rarieda
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 29 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Order of Mandamus
- Outcome
- application allowed
- Legal Topics
- Access to Information, Mandamus, Land Adjudication, Public Officer Duties
- 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
Jared Otieno Aridi
Applicant
District Adjudication and Settlement Officer Bondo and Rarieda
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to information and documents relating to the creation of specified land parcels under Article 35 of the Constitution.
- 2 Whether the respondent, as a public officer, is obligated to provide consent to sue and information as required by law.
- 3 Whether the respondent's failure to provide information and consent is unreasonable and contrary to statutory and constitutional provisions.
Ratio Decidendi
The court found that the applicant had made reasonable efforts to obtain information regarding the creation of the subject land parcels but was unsuccessful. The applicant is entitled to access such information under Article 35 of the Constitution. The respondent, as a public office, is obligated to provide the requested information and consent to sue, subject to payment of applicable fees. The respondent's failure to provide the information and consent was found to be unreasonable and contrary to both constitutional and statutory provisions. Consequently, the court granted the order of mandamus, directing the respondent to provide the applicant with certified copies of documents relating...
Court Disposition
application allowed
Orders
- The respondent is directed to provide the applicant with certified copies of documents relating to the creation of land parcels numbers 1683, 1685, and 2417/Nyamonye/Abidha village without unreasonable delay.
- The respondent shall issue the applicant with consent to sue as provided under Section 30 of the Land Adjudication Act and/or Section 8 of the Land Consolidation Act within 30 days upon service of this order.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELC MISC. APPL. CASE NO.29 OF 2015
JARED OTIENO ARIDI...................................................................................................APPLICANT
(HAVING BENEFICIAL INTEREST)
VERSUS
DISTRICT ADJUDICATION AND SETTLEMENTOFFICER BONDO AND RARIEDA ...RESPONDENT
RULING
1. Jared Atieno Aridi, the applicant, by notice of motion dated 16th may 2016 prays for an order of mandamus against the District Adjudication and Settlement officer Bondo – Rarienda region, the Respondent, to give him the consent to sue and or details of the dealings in relation to the creation of land parcels 1683, 1685 and 2417/Nyamonye/Abidhavillage. The applicant listed four grounds on the notice of motion which is supported by his affidavit sworn on 11th May 2016 and the statement of fact. The application was served and no appearance and or replying papers were filed. The application came up for hearing on 21st November 2016 and on the court being satisfied that a hearing notice had been served on the Respondent who had not attended court, the Applicant’s counsel was allowed to prosecute the application.
2. The court has considered the grounds on the notice of motion, the statement of facts, the supporting affidavit and found as follows:
a. That the Applicant has established that he had engaged the Provincial Administration and other government agencies to get information on how the parcels of land subject matter of the application were created without success.
b. That the applicant is entitled under the provisions of Article 35 of the Constitution to the information and details concerning the creation of land parcels 1683, 1685 and 2417/ Nyamonye/Abidha village to enable him seek appropriate legal advice on how to pursue his interests.
c. That the Respondent being a public office is obligated to provide the Applicant with the information sought and consent to file suit subject to payment of applicable fees.
d. That the Respondent should not unreasonably decline to give the Applicant the consent to sue that is provided for under Sections 30 of the Land Adjudication Act Chapter 284 of the Laws of Kenya and Section 8 of the Land Consolidation Act Chapter 283 of Laws of Kenya.
3. That having found as above the court finds that the notice of motion dated 16th May 2016 has merit ad is allowed in the following terms;
a. That the Respondent is hereby directed to provide the applicant with certified copies of documents relating to the creation of land parcels numbers 1683, 1685 and2417/Nyamonye/Abidha village without any further unreasonable delay.
b. That the Respondent do issue the Applicant with consent to sue as provided for under Section 30 of the Land Adjudication Actand or Section 8 of the Land Consolidation Act within 30 days upon service of this order.
It is so ordered.
S.M. KIBUNJA
ENVIRONMENT & LAND – JUDGE
DATED AND DELIVERED THIS 1ST DAY OF FEBRUARY 2017
In presence of;
Plaintiff/Applicant Present
Defendant/Respondent Absent
Counsel N/A
S.M. KIBUNJA
ENVIRONMENT & LAND – JUDGE
1/2/2017
1/2/2017
S.M. Kibunja Judge
Applicant present - My advocate has not come.
S.M. KIBUNJA
ENVIRONMENT & LAND –JUDGE
1/2/2017
Court: Ruling dated and delivered in open court in presence of the Applicant.
S.M. KIBUNJA
ENVIRONMENT & LAND –JUDGE
1/2/2017