[2018] KEELC 3963 (KLR)

[2018] KEELC 3963 (KLR)

The court found that the petitioners failed to prove infringement, violation, or threat to their constitutional rights by the respondents. The land in question was determined to be un-adjudicated community land held in trust by the County Government, and the petitioners did not demonstrate any registered or legally...

Source-derived case information.

Citation
[2018] KEELC 3963 (KLR)
Parties
Applicant: Joshua Mutambuki & 557 Others; Respondent: Cabinet Secretary Ministry of Interior & Coordination of National Government; Respondent: Cabinet Secretary Ministry of Lands, Housing & Urban Development National Government; Respondent: Inspector General of Police; Respondent: The Hon. Attorney General; Respondent: Tana River County; Respondent: Kitui County; Respondent: National Land Commission
Court
Environment and Land Court
Court Station
Environment and Land Court at Garissa
Jurisdiction
Kenya
Case Number
Environment & Land Case 29 of 2017
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed
Legal Topics
Community Land Rights, Constitutional Petitions, Public Interest Litigation, Right to Property, State Duty to Protect, Boundary Disputes
Source Language
en
Constitutional Law Land and Property Community Land Rights Constitutional Petitions Public Interest Litigation Right to Property State Duty to Protect Boundary Disputes

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Parties

Joshua Mutambuki & 557 Others

Applicant

Cabinet Secretary Ministry of Interior & Coordination of National Government

Respondent

Cabinet Secretary Ministry of Lands, Housing & Urban Development National Government

Respondent

Inspector General of Police

Respondent

The Hon. Attorney General

Respondent

Tana River County

Respondent

Kitui County

Respondent

National Land Commission

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the petitioners have demonstrated violation of their constitutional rights by the respondents.
  2. 2 Whether the petitioners have a recognizable legal interest in the land in question under the Constitution of Kenya, 2010.
  3. 3 Whether the respondents failed in their constitutional and statutory duty to protect the petitioners from attacks and displacement.

Ratio Decidendi

The court found that the petitioners failed to prove infringement, violation, or threat to their constitutional rights by the respondents. The land in question was determined to be un-adjudicated community land held in trust by the County Government, and the petitioners did not demonstrate any registered or legally recognized interest in the land as required under Article 40 of the Constitution. The court further held that claims for violation of rights or compensation relating to such land must be pursued by or through the County Government, not by individuals via constitutional petition. The evidence showed that the national government had taken reasonable steps to address security...

Court Disposition

petition dismissed

Orders

  • The petition is dismissed.
  • No order as to costs.