[2019] KEELC 1317 (KLR)
The court found that the three petitions all relate to the same subject matter—namely, the effect of newspaper advertisements by the National Land Commission on the petitioners' interests in land within Block 6 and Block 7, Kitale Municipality. The petitions seek similar reliefs and involve the same respondents. To...
Source-derived case information.
- Citation
- [2019] KEELC 1317 (KLR)
- Parties
- Petitioner: Justice and Peace Center Kitale; Respondent: National Land Commission; Respondent: County Government of Trans-Nzoia; Respondent: Principal Secretary, Ministry of Agriculture; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 5 of 2018
- Procedural Posture
- Constitutional Petition / Directions/consolidation
- Outcome
- petitions consolidated for unified judgment
- Judges
- FM Njoroge
- Legal Topics
- Land Administration, Judicial Review, Consolidation of Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justice and Peace Center Kitale
Petitioner
National Land Commission
Respondent
County Government of Trans-Nzoia
Respondent
Principal Secretary, Ministry of Agriculture
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Directions/consolidation
Legal Issues
- 1 Whether the petitions relate to the same subject matter and parties such that consolidation is appropriate.
- 2 Whether the newspaper advertisements by the National Land Commission threaten the petitioners' interests in land within Block 6 and Block 7, Kitale Municipality.
Ratio Decidendi
The court found that the three petitions all relate to the same subject matter—namely, the effect of newspaper advertisements by the National Land Commission on the petitioners' interests in land within Block 6 and Block 7, Kitale Municipality. The petitions seek similar reliefs and involve the same respondents. To promote judicial economy, avoid conflicting judgments, and ensure a unified determination of the issues, the court ordered that the petitions be consolidated. The lead file will be Petition No. 5 of 2018, and all parties are to conclude the filing of their documents in their respective matters before a judgment date is set.
Court Disposition
petitions consolidated for unified judgment
Orders
- Petition No. 5 of 2018, Petition No. 6 of 2018, and Petition No. 7 of 2018 are hereby consolidated for the purpose of one unified judgment.
- All parties to conclude the filing of their documents in their respective matters.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
ELC PETITION NO. 5 OF 2018
AS CONSOLIDATED WITH ELC PET. NO. 6 OF 2018 & ELC PET. NO. 7 OF 2018
JUSTICE AND PEACE CENTER KITALE......................PETITIONER
VERSUS
NATIONAL LAND COMMISSION...........................1ST RESPONDENT
COUNTY GOVERNMENT OF
TRANS-NZOIA...........................................................2ND RESPONDENT
THE PRINCIPAL SECRETARY,
MINISTRY OF AGRICULTURE..............................3RD RESPONDENT
THE ATTORNEY GENERAL...................................4TH RESPONDENT
DIRECTIONS
1. Petition No. 5 of 2018 (being this petition), Petition No. 6 of 2018 - Isaiah Wanyonyi & 42 Others -vs- The National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of Agriculture and The Attorney General and Petition No. 7 of 2018-Transnational Times Sacco Society Ltd -vs- National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of AgricultureandThe Attorney Generalwere filed at different times in the year 2018.
2. Upon examination of the petitions this court found that they all relate to some newspaper advertisement of 17th July, 2018 and 23rd July, 2018 issued by the National Land Commission who is the 1st respondent in all the petitions. The petitioners in the three petitions claim that their interests into land located within Block 6andBlock 7 - Kitale Municipality is threatened by the said press notices. They seek common prayers, mainly that the decision of the 1st respondent embodied in those newspaper notices is null and void and should be removed into this court and quashed.
3. For the reason that the petitions relate to land located in the same blocks and that they seek similar prayers, I hereby order that the three petitions be consolidated for the purpose of one unified judgment and that all parties do conclude the filing of their documents in their respective matters so that a judgment date may be issued. The lead file will be Petition No. 5 of 2018 - Justice & Peace Centre Kitale -vs- National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of AgricultureandThe Attorney General. The original headings in the petitions shall all be retained in the respective filed documents, save that the words “as consolidated with Petition … and …”shall be added.
Dated, signedanddeliveredatKitale on this16thday of October, 2019.
MWANGI NJOROGE
JUDGE
16/10/2019
Coram:
Before - Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Nyamu for petitioners
Mr. Kuria for 3rd and 4th respondents
Mr. Bisonga holding brief for Mukhele for 2nd respondent
N/A for 1st respondent
COURT
Directions read in open court.
MWANGI NJOROGE
JUDGE
16/10/2019