[2020] KEELC 3806 (KLR)
The court recognized the parties' intention to resolve the dispute through an out-of-court settlement. By mutual agreement, the parties consented that if no settlement was reached by 3rd February 2020, the matter would proceed for determination based on the pleadings and submissions already filed. The court adopted...
Source-derived case information.
- Citation
- [2020] KEELC 3806 (KLR)
- Parties
- Applicant: Mutegi Mugwetwa; Respondent: Chief Officer Lands, Physical Planning, Housing, Urban Development, Environment and Natural Resources; Respondent: The Governor, County Government of Tharaka Nithi; Respondent: The County Government of Tharaka Nithi; Respondent: National Police Service; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2019
- Procedural Posture
- Constitutional Petition / Consent Order Prior to Judgment
- Outcome
- Consent adopted as order of the court; matter to proceed on pleadings and submissions if no settlement by specified date.
- Judges
- FM Njoroge
- Legal Topics
- Right to Property, Fair Administrative Action, Land Registration, County Government Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutegi Mugwetwa
Applicant
Chief Officer Lands, Physical Planning, Housing, Urban Development, Environment and Natural Resources
Respondent
The Governor, County Government of Tharaka Nithi
Respondent
The County Government of Tharaka Nithi
Respondent
National Police Service
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Consent Order Prior to Judgment
Legal Issues
- 1 Whether the respondents violated the petitioner's constitutional rights to property under Articles 40, 60, and 64 of the Constitution of Kenya 2010.
- 2 Whether the petitioner was denied fair administrative action as enshrined in Articles 10, 25, 47, and 50 of the Constitution.
- 3 Whether the actions of the respondents regarding Title KARINGA/NDAGANI3018 were lawful and constitutional.
Ratio Decidendi
The court recognized the parties' intention to resolve the dispute through an out-of-court settlement. By mutual agreement, the parties consented that if no settlement was reached by 3rd February 2020, the matter would proceed for determination based on the pleadings and submissions already filed. The court adopted this consent as its order, thereby formalizing the parties' agreement and providing a procedural framework for either settlement or judicial determination. The court's decision is grounded in the principles of party autonomy, the right to fair hearing, and the encouragement of alternative dispute resolution as contemplated by the Constitution and procedural law.
Court Disposition
Consent adopted as order of the court; matter to proceed on pleadings and submissions if no settlement by specified date.
Orders
- The consent filed by the parties is adopted as an order of the court.
- If no consent is reached by 3rd February 2020, the parties shall rely on the pleadings and submissions filed for determination of the dispute.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CONSTITUTION PETITION CASE NO. 01 OF 2019
IN THE MATTER OF ARTICLES 19, 20, 21, 33, 23, 25, 27, 258, 259 AND 260 OF THE CONSTITUTION OF KENYA 2010 AND
IN THE MATTER OF THE ALLEGED VIOLATION OF THE RIGHT UNDER ARTICLES 40, 60 AND 64 OF THE CONSTITUTION OF KENYA 2010 AND
IN THE MATTER OF THE ALLEGED INFRINGEMENT OF THE RIGHT TO FAIR ADMINISTRATION ACTION ENSHRINED IN ARTICLES 10, 25, 47 AND 50 OF THE CONSTITUTION OF KENYA 2010 AND
IN THE MATTER OF THE CONSTITUTION OF KENYA 2010 (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE FREEDOMS) PRACTICE AND PROCEDURE RULES 13, 19 AND 23 OF 2013 AND
IN THE MATTER OF ARTICLES 23, 159, 162 (B) OF THE CONSTITUTION OF KENYA 2010 AND
IN THE MATTER OF LAND REGISTRATION ACT NO. 3 OF 2012 AND
IN THE MATTER OF PHYSICAL PLANNING ACT NO. 6 OF 1996 AND
IN THE MATTER OF COUNTY GOVERNMENT ACT 2012 AND
IN THE MATTER OF NATIONAL POLICE SERVICE ACT 2011 AND
IN THE MATTER OF TITLE KARINGA/NDAGANI3018, THARAKA NITHI COUNTY
BETWEEN
MUTEGI MUGWETWA………………………........................................................................………………..PETITIONER
VERSUS
CHIEF OFFICER LANDS, PHYSICAL PLANNING,
HOUSING, URBAN DEVELOPMENT, ENVIRONMENT AND NATURAL RESOURCES…………1ST RESPONDENT
THE GOVERNOR, COUNTY GOVERNMENT OF THARAKA NITHI……………………………….2ND RESPONDENT
THE COUNTY GOVERNMENT OF THARAKA NITHI…..………………………………………....…3RD RESPONDENT
NATIONAL POLICE SERVICE….....……..…….……………...............................................................…4TH RESPONDENT
ATTORNEY GENERAL………..….....…...………………….................................................................…..5TH RESPONDENT
RULING
1. The parties have on several occasions told the court that they were seeking an out of court settlement.
2. On 27th day of January, 2020, the parties proffered the following consent.
By consent:
1. That if there is no consent by 3rd February, 2020 the parties herein shall be relying on the pleadings and submissions that have been filed for the purpose of determination of the dispute here.
Signed
1. Mr. Murimi Murango – for the Petitioner
2. Mr. Kirimi Muturi – holding brief for Mr.Muthomi Gitari – for the 1st, 2nd & 3rd Respondents
3. The consent is adopted as an order of this court.
4. The parties will come to record a consent or to obtain a date for delivery of judgment by, consent arrived at by the parties present in court, on 3rd February, 2020.
Delivered in open Court at Chuka this 27th day of January, 2020 in the presence of:
CA: Ndegwa
Kirimi Muturi h/b Muthomi Gitari for 1st, 2nd and 3rd defendants
Murimi Murango for the Petitioner
P.M. NJOROGE
JUDGE