[2022] KEELC 3869 (KLR)
The court declined to immediately adopt the proposed consent filed by the parties, holding that before such adoption, it is necessary for all parties to address the court on the juridical effects of the consent, particularly in light of the two petitions, the parties enjoined, and the potential impact on third...
Source-derived case information.
- Citation
- [2022] KEELC 3869 (KLR)
- Parties
- Applicant: Lawrence Kanyi Ndewa; Applicant: Mwenda Thiribi; Applicant: Thiakunu Mwirabua; Applicant: Jeremiah Koronya Mailutha; Applicant: Charles Mwiti Mugambi; Applicant: Richard Kiambi; Applicant: Vincent Murangiri; Applicant: Muriithi Martin Kaindio; Applicant: Mutembei Ikiao; Applicant: Philip Igweta; Applicant: Bernard M Njogi; Applicant: Samuel Gitile; Applicant: Peter Kaberia; Respondent: Kenya Defence Forces; Respondent: Cabinet Secretary, Ministry of Defence; Respondent: Cabinet Secretary, Ministry of Lands and Physical Planning; Respondent: Attorney General; Respondent: County Government of Meru; Respondent: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E014 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Proposed Consent and Directions for Submissions
- Outcome
- Directions issued for parties to file written submissions on the juridical effects of the proposed consent before approval or adoption.
- Judges
- CK Nzili
- Legal Topics
- Community Land Rights, Amicable Settlement, Withdrawal of Petition, Juridical Effects of Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Kanyi Ndewa
Applicant
Mwenda Thiribi
Applicant
Thiakunu Mwirabua
Applicant
Jeremiah Koronya Mailutha
Applicant
Charles Mwiti Mugambi
Applicant
Richard Kiambi
Applicant
Vincent Murangiri
Applicant
Muriithi Martin Kaindio
Applicant
Mutembei Ikiao
Applicant
Philip Igweta
Applicant
Bernard M Njogi
Applicant
Samuel Gitile
Applicant
Peter Kaberia
Applicant
Kenya Defence Forces
Respondent
Cabinet Secretary, Ministry of Defence
Respondent
Cabinet Secretary, Ministry of Lands and Physical Planning
Respondent
Attorney General
Respondent
County Government of Meru
Respondent
National Land Commission
Respondent
Procedural Posture
Constitutional Petition / Ruling on Proposed Consent and Directions for Submissions
Legal Issues
- 1 Whether the proposed consent between the parties should be adopted by the court in light of its juridical implications and constitutionality.
- 2 Whether all parties, including those enjoined and third parties, have been adequately considered in the proposed settlement.
- 3 What are the procedural requirements for adoption of a consent in constitutional petitions under the relevant rules.
Ratio Decidendi
The court declined to immediately adopt the proposed consent filed by the parties, holding that before such adoption, it is necessary for all parties to address the court on the juridical effects of the consent, particularly in light of the two petitions, the parties enjoined, and the potential impact on third parties. The court emphasized that the adoption of a consent in constitutional litigation must consider not only the interests of the parties before the court but also the broader constitutional and legal implications, including the rights of interested and affected parties. Accordingly, the court directed all parties to file written submissions within 14 days addressing these...
Court Disposition
Directions issued for parties to file written submissions on the juridical effects of the proposed consent before approval or adoption.
Orders
- Each party to file written submissions within 14 days from the date of the ruling addressing the juridical effects of the proposed consent.
- Ruling on the adoption of the consent scheduled for September 21, 2022.
Full Case Text
Judgment text and source record
57 paragraphs
Ndewa & 12 others v Kenya Defence Forces & 3 others; County Government of Meru & another (Interested Parties) (Constitutional Petition E014 of 2021) [2022] KEELC 3869 (KLR) (28 July 2022) (Ruling)
Neutral citation: [2022] KEELC 3869 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Constitutional Petition E014 of 2021
CK Nzili, J
July 28, 2022
IN THE MATTER OF ARTICLES 22(1) 23 AND 162 (2) OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS OR FUNDAMENTAL FREEDOM UNDER ARTICLES 35, 40, 47 (1) 67 AND 68 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF THE COMMUNITY LAND ACT, ACT NO. 27 OF 2016 AND IN THE MATTER OF THE LAND ACT (ACT NO. 6 OF 2012) AND IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013
Between
Lawrence Kanyi Ndewa
1st Petitioner
Mwenda Thiribi
2nd Petitioner
Thiakunu Mwirabua
3rd Petitioner
Jeremiah Koronya Mailutha
4th Petitioner
Charles Mwiti Mugambi
5th Petitioner
Richard Kiambi
6th Petitioner
Vincent Murangiri
7th Petitioner
Muriithi Martin Kaindio
8th Petitioner
Mutembei Ikiao
9th Petitioner
Philip Igweta
10th Petitioner
Bernard M Njogi
11th Petitioner
Samuel Gitile
12th Petitioner
Peter Kaberia
13th Petitioner
and
Kenya Defence Forces
1st Respondent
Cabinet Secretary, Ministry of Defence
2nd Respondent
Cabinet Secretary, Ministry of Lands and Physical Planning
3rd Respondent
Attorney General
4th Respondent
and
County Government of Meru
Interested Party
National Land Commission
Interested Party
Ruling
1. The court has looked at the consent filed by the parties on July 15, 2022. Rule 29 of the Constitutionof Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, provides that parties with leave of the court, record an amicable settlement reached by the parties in partial or final determination of the matter. Rule 31 allows the court to refer and or allow for alternative dispute resolution.
2. Rule 27 thereof allows the court the power to decide and determine the juridical effects on any decision over discontinuance or withdrawal of a petition.
3. By the same implication and reasoning a proposed consent has to be considered the light of its juridical implications, its effects and constitutionality.
4. Given the above provisions the court finds there is need for parties to address it on the juridical effects of the proposed consent in the light of the two petitions and the parties enjoined and the effects it may have on them, and other third parties.
5. Each of the parties is given 14 days from the date hereof to file written submissions before the approval and adoption.
6. Ruling on September 21, 2022. All parties to be served.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT THIS 28TH DAY OF JULY, 2022In presence of:C/A: KananuMiss Kyalo for petitioners in petition no. E014 of 2021Miss Gitonga for petitioners in E013 of 2021Ikioo for 1st interested partyMiss Kimotho for Mungiria for 1st & 2nd respondentsMr. Kieti for Wachira for 3rd, 4th respondents and 3rd interested partyHON. C.K. NZILIELC JUDGE