[2014] KEHC 7497 (KLR)

[2014] KEHC 7497 (KLR)

The court found that Rutongot Farm Limited lawfully entered into a sale agreement for LR NO. Trans-Nzoia/6657 and 10832, paid the required deposit, and took possession. The subsequent rejection of consent, government acquisition, and gazettement as forest land were orchestrated to deprive the petitioner of its...

Source-derived case information.

Citation
[2014] KEHC 7497 (KLR)
Parties
Applicant: Rutongot Farm Limited; Respondent: Honourable Attorney General; Respondent: Kenya Forest Service; Respondent: Permanent Secretary Ministry of Forests and Wildlife; Respondent: Commissioner of Lands
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Judgment Date
3 July 2014
Case Number
Petition 1 of 2011
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed in part; land to be restored to petitioner; gazettement quashed; no order as to costs.
Legal Topics
Right to Property, Gazettement of Land, Judicial Review, Eviction and Forced Removal
Source Language
english
Constitutional Law Land and Property Right to Property Gazettement of Land Judicial Review Eviction and Forced Removal

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Parties

Rutongot Farm Limited

Applicant

Honourable Attorney General

Respondent

Kenya Forest Service

Respondent

Permanent Secretary Ministry of Forests and Wildlife

Respondent

Commissioner of Lands

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the gazettement of LR NO. Trans-Nzoia/6657 and 10832 as forest land violated the petitioner's constitutional right to property.
  2. 2 Whether the petitioner is entitled to the return and registration of the disputed land.
  3. 3 Whether the actions of the respondents amounted to unconstitutional deprivation and cruel treatment of the petitioner's members.

Ratio Decidendi

The court found that Rutongot Farm Limited lawfully entered into a sale agreement for LR NO. Trans-Nzoia/6657 and 10832, paid the required deposit, and took possession. The subsequent rejection of consent, government acquisition, and gazettement as forest land were orchestrated to deprive the petitioner of its property rights. The respondents' arguments that the payment was only for loose assets and that the government lawfully acquired the land were rejected as unfounded. The court held that the petitioner's constitutional right to property under Article 40 was violated, and that the existence of alternative remedies or limitation statutes did not bar the constitutional petition. The...

Court Disposition

Petition allowed in part; land to be restored to petitioner; gazettement quashed; no order as to costs.

Orders

  • An order of certiorari is issued quashing Gazette Notice No. 152 of 17/6/1977.
  • A declaration that LR NO. Trans-Nzoia/6657 and 10832 belongs to the petitioner.