[2015] KEELC 61 (KLR)
The court determined that, given the magnitude and complexity of the dispute involving a major land project and ongoing negotiations between the County and National Governments, it was in the interests of justice to extend the interim orders maintaining the status quo over the disputed land. The court further found...
Source-derived case information.
- Citation
- [2015] KEELC 61 (KLR)
- Parties
- Plaintiff: Mohamud Iltarakwa Kochale; Plaintiff: Kochale Somo Chale; Plaintiff: Issa Jitewe Gambare; Plaintiff: David Tamasot Arakhole; Plaintiff: William Lengoyiap; Plaintiff: Sekotey Seye; Defendant: Lake Turkana Wind Power Ltd; Defendant: Marsabit County Government; Defendant: The Attorney General; Defendant: Chief Land Registrar; Defendant: The National Land Commission; Interested Party: Aaron Iltele Lesiantam; Interested Party: Henry Parasian Sakalpo; Interested Party: Stephen Nakeno; Interested Party: Job Lmalasian Lengoya; Interested Party: Dair Lentipan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 163 of 2014
- Procedural Posture
- Civil Suit / Interlocutory Directions and Orders Pending Hearing
- Outcome
- Interim orders extended; site visit ordered; time granted for 2nd defendant to make submissions; directions given for further conduct of proceedings.
- Judges
- FM Njoroge
- Legal Topics
- Status Quo Orders, Site Visits, Interim Injunctions, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamud Iltarakwa Kochale
Plaintiff
Kochale Somo Chale
Plaintiff
Issa Jitewe Gambare
Plaintiff
David Tamasot Arakhole
Plaintiff
William Lengoyiap
Plaintiff
Sekotey Seye
Plaintiff
Lake Turkana Wind Power Ltd
Defendant
Marsabit County Government
Defendant
The Attorney General
Defendant
Chief Land Registrar
Defendant
The National Land Commission
Defendant
Aaron Iltele Lesiantam
Interested Party
Henry Parasian Sakalpo
Interested Party
Stephen Nakeno
Interested Party
Job Lmalasian Lengoya
Interested Party
Dair Lentipan
Interested Party
Procedural Posture
Civil Suit / Interlocutory Directions and Orders Pending Hearing
Legal Issues
- 1 Whether interim orders maintaining status quo over the disputed land should be extended pending resolution of negotiations.
- 2 Whether a court visit to the disputed land is necessary for just adjudication of the issues.
- 3 Whether the 2nd defendant should be granted additional time to make submissions pending negotiations with the National Government.
Ratio Decidendi
The court determined that, given the magnitude and complexity of the dispute involving a major land project and ongoing negotiations between the County and National Governments, it was in the interests of justice to extend the interim orders maintaining the status quo over the disputed land. The court further found that a visit to the locus in quo would not prejudice any party and would assist in the fair resolution of the matter. The 2nd defendant was granted a fixed period of four months to make further submissions after the conclusion of negotiations, with a clear warning that the matter could not be delayed indefinitely. The 1st defendant was directed to bear the costs of the site...
Court Disposition
Interim orders extended; site visit ordered; time granted for 2nd defendant to make submissions; directions given for further conduct of proceedings.
Orders
- Interim orders maintaining status quo and confining activities of the 1st and 2nd respondents to 87.5 acres extended.
- A visit to the disputed land by litigants, advocates, and the Deputy Registrar is ordered; the Deputy Registrar to file a report.
Full Case Text
Judgment text and source record
45 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT MERU
CIVIL SUIT NO.163 OF 2014
MOHAMUD ILTARAKWA KOCHALE………................……..............………..………..1ST A
KOCHALE SOMO CHALE……..………………………...…...........…………2ND PLAINTIFF
ISSA JITEWE GAMBARE………….……………………..……………............3RD PLAINTIFF
DAVID TAMASOT ARAKHOLE…......………..………………..….…….............4TH PLAINTIFF
WILLIAM LENGOYIAP……………......……………..……………...……............5TH PLAINTIFF
SEKOTEY SEYE……………….....…………………...……………..……….........6TH PLAINTIFF
(Suing on behalf of the residents of Laisamis Constituency and Karare Ward of Marsabit County)
-VERSUS-
LAKE TURKANA WIND POWER LTD……...…...………..….............…1ST DEFENDANT
MARSABIT COUNTY GOVERNMENT..………...……............………….2ND DEFENDANT
THE ATTORNEY GENERAL………………………...…………..........…...3RD DEFENDANT
CHIEF LAND REGISTRAR……………………………...……........….…...4TH DEFENDANT
THE NATIONAL LAND COMMISSION……………...………...........…...5TH DEFENDANT
AARON ILTELE LESIANTAM……………………..............…….1ST INTERESTED PARTY
HENRY PARASIAN SAKALPO…………...............……..….....2ND INTERESTED PARTY
STEPHEN NAKENO……………………..…….….…................3RD INTERESTED PARTY
JOB LMALASIAN LENGOYA……………….……..…...............4TH INTERESTED PARTY
DAIR LENTIPAN………....…………...…………............…..….5TH INTERESTED PARTY
(As representatives of the residents of Loiyangalani District, Marsabit County)
R U L I N G
This matter came up for directions on 9. 11. 2015. Miss Hashi for the plaintiffs highlighted submissions relating to their application dated 14. 10. 2014.
Mr. Nyaoga gave the respondents' and Interested parties' highlights. All parties reiterated that they were going to rely on their written submissions.
Mr. Abdi for the 2nd defendant, Marsabit County Government, requested to be allowed to defer his highlights until unresolved negotiations with the National Government had borne fruits or collapsed.
Mr. Nyaoga asked the Court to order a visit to the locus in quoso that it could appreciate the issues at hand. This position was supported by Mr. Abdi, for the County Government of Marsabit, who said that his position had been agreed upon by all the respondents and all interested parties.
Mr. Nyaoga told the court that the 1st Defendant/Respondent would meet all the costs of the visit to the locus in quo, if the court is persuaded to allow it to take place.
This matter involves a massive project. It also involves weighty issues. In the interest of justice, I will allow Mr. Abdi for the Marsabit County government, to highlight his issues after a reasonable period of time when the matter of negotiations between the County Government of Marsabit and the National Government will have either succeeded or failed. I cannot, however, allow this matter to be delayed indefinitely. I will give him 4 months to do so. I will allow this even though the main issues in this application do not concern revenue collection sharing between the two forms of government. Perhaps at the end of the day it will have a bearing on the negotiations parties in this matter had alluded to in their consent dated 22. 6.2015.
Regarding a visit to the disputed land, I opine that it will not be prejudicial to any of the parties. In the circumstances it will be allowed.
I rule as follows:
In terms of section 63 CPA, the interim orders extant in this matter, to the effect that status quo should be maintained and the activities of the 1st and 2nd respondents be confined to 87. 5 acres they have been utilizing, are extended.
The disputed land to be visited by the litigants and their advocates, in the company of this Court's Deputy Registrar, who will give a report to this Court regarding the disputed land and the issues the advocates for the litigants will raise during the visit.
All parties to cooperate in facilitating the intended visit, and as has been undertaken by Advocate Nyaoga for the 1st Defendant, 1st Defendant to meet all the costs germane to the visit.
Directions on 9. 3.2016 to confirm filing of the Deputy Registrar's report and for Mr. Abdi, if he will still be so desiring, to give his highlights for the County Government of Marsabit, in 10 minutes or less.
It is so ordered.
Delivered in Open Court this 9th day of November, 2015 in the presence of:
Cc. Daniel/Lilian
Sagana/Hashi for Plaintiffs/Applicants
Nyaoga/Wetangula for 1st Respondent
Abdi for the 2nd respondent
Miss Kungu for 3rd to 5th Respondents
Kiprop for Interested Parties.
P. M. NJOROGE
JUDGE