[2020] KEHC 4166 (KLR)
The court found that the petitioner had established a prima facie case warranting the preservation of the suit property. The court held that it was in the interest of justice to grant conservatory orders to stay the implementation of the 1st Respondent's decision as contained in the Kenya Gazette Notice dated 1st...
Source-derived case information.
- Citation
- [2020] KEHC 4166 (KLR)
- Parties
- Applicant: Oloololo Game Ranch Ltd; Respondent: The National Land Commission; Respondent: Ikarekeshe Group Trust; Respondent: The Attorney General of Kenya; Respondent: The Chief Land Registrar; Respondent: The Ministry of Lands; Respondent: The Director of Land Adjudication and Settlement
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 5 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
- Outcome
- Application allowed. Conservatory orders granted pending hearing and determination of the petition.
- Judges
- MN Kullow
- Legal Topics
- Conservatory Orders, Administrative Action, Land Title Disputes, Gazette Notices
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloololo Game Ranch Ltd
Applicant
The National Land Commission
Respondent
Ikarekeshe Group Trust
Respondent
The Attorney General of Kenya
Respondent
The Chief Land Registrar
Respondent
The Ministry of Lands
Respondent
The Director of Land Adjudication and Settlement
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Conservatory Orders
Legal Issues
- 1 Whether the petitioner has satisfied the conditions for the grant of conservatory orders pending the hearing and determination of the substantive petition.
- 2 Whether the implementation of the 1st Respondent's decision in the Kenya Gazette Notice dated 1st March, 2019 should be stayed to preserve the suit property.
Ratio Decidendi
The court found that the petitioner had established a prima facie case warranting the preservation of the suit property. The court held that it was in the interest of justice to grant conservatory orders to stay the implementation of the 1st Respondent's decision as contained in the Kenya Gazette Notice dated 1st March, 2019, and to prohibit further administrative actions or publications affecting the petitioner's title pending the determination of the substantive petition. The court emphasized the need to maintain the status quo to prevent irreparable harm and ensure that the petition is not rendered nugatory. The respondents' failure to file submissions despite being given opportunities...
Court Disposition
Application allowed. Conservatory orders granted pending hearing and determination of the petition.
Orders
- Pending the hearing and determination of the petition, orders do issue staying the decision of the 1st Respondent contained in the Kenya Gazette Notice dated 1st March, 2019 or any subsequent notice relating to the suit property.
- Pending the hearing and determination of the petition, conservatory orders do issue directed at the 1st Respondent and the 1st, 2nd and 3rd interested parties, their agents or anyone authorized by them, to stay the implementation of the 1st Respondent's decision contained in the Kenya Gazette Notice dated 1st March,...
Full Case Text
Judgment text and source record
53 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
CONSTITUTIONAL PETITION NO 5_OF 2019
IN THE MATTER OF ARTICLES 10, 20, 21 (1), 40 (1), 40 (3), 40 (4), 47, 50, 60, 64, 67, 232 (1), 232 (2), OF THE CONSTITUTION OF THE REPUBLIC OF KENYA
AND
IN THE MATTER OF SECTION 14 AND 15 (2) (d) & (3) (e) OF THE NATIONAL LAND COMMISSION ACT, 2012
AND
IN THE MATTER OF SECTIONS 27 (a) AND 28 (a) OF THE REGISTERED LAND ACT
AND
IN THE MATTER OF SECTION 4 OFTHE FAIR ADMINISTRATIVE ACTION ACT, 2015
BETWEEN
OLOOLOLO GAME RANCH LTD…....……………………….PETITIONER
VERSUS
THE NATIONAL LAND COMMISSION……....………...1ST RESPONDENT
IKAREKESHE GROUP TRUST……………..…………..2ND RESPONDENT
THE ATTORNEY GENERAL OF KENYA……...……...3RD RESPONDENT
AND
THE CHIEF LAND REGISTRAR…..……..........1ST INTERESTED PARTY
THE MINISTRY OF LANDS...………………...2ND INTERESTED PARTY
THE DIRECTOR OF LAND ADJUDICATION
AND SETTLEMENT……………………………3RD INTERESTED PARTY
RULING
The Petitioner herein had filed a Petition dated 4th March, 2019 against the Respondent seeking for the following orders: -
1. That the application be certified as urgent and service thereof be dispensed within the first instance.
2. That pending the hearing and determination of the application interparties orders do issue staying the decision of the 1st Respondent contained in the Kenya Gazette dated 1st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property.
3. That pending the hearing and determination of this Application interparties conservatory orders do issue and be directed at the 1st Respondent the 1st, 2nd and 3rd Interested parties, their agents or anyone authorized by them respectively or acting under them- to stay the implementation of the 1st Respondent’s decision contained in the Kenya Gazette notice dated 1st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property.
4. That pending the hearing and determination of this application interparties orders do issue and be directed at the 1st Respondent prohibiting it, its agents or anyone authorized by it or acting under it from issuing any subsequent notice/s in relation to the suit property.
5. That pending the hearing and determination of this Application interparties orders do issue and be directed at the 2nd Respondent prohibiting it, its agents or anyone authorized by it or acting under it from lodging, publishing or in any way commenting on the Petitioner’s ownership of title in relation to the suit property.
6. That pending the hearing and determination of the petition orders do issue staying the decision of the 1st Respondent contained in the Kenya Gazette Notice dated 1st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property.
7. That pending the hearing and determination of the petition conservatory orders do issue and be directed at the 1st Respondent, the 1st, 2nd and 3rd interested parties, their agents or anyone authorized by them respectively or acting under them-to stay the implementation of the 1st Respondent’s decision contained in the Kenya Gazette Notice dated 1st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property.
8. That pending the hearing and determination of the petition orders do issue and be directed at the 1st Respondent prohibiting it, its agents or anyone authorized by it or acting under if from issuing any subsequent notice/s in relation to the suit property.
9. That pending the hearing and determination of the petition orders do issue and be directed at the 2nd Respondent prohibiting it, its agents or anyone authorized by it or acting under it from lodging, publishing or in any way commenting on the petitioner’s ownership of title in relation to the suit property.
10. Any such further relief be granted to the Applicant as the court deems fit.
11. Costs of this application be provided for.
The Petition was opposed by the respondents by way of replying affidavit.
I have considered the Petitioner’s Notice of Motion dated 5th April, 2020 together with the submissions filed and the respondents’ affidavit who have failed to file any submissions though they were granted leave and a number of chances and at this stage what is there for my determination is whether the petitioner have satisfied the conditions for the grant of conservatory orders pending the hearing and determination of the substantive petition.
Having considered the substantive petition, I have no doubt that it shall serve the interest of justice to ensure that the suit property is conserved pending the hearing and determination of the petition and in the circumstance I find that the notice of motion dated 5th March, 2019 is merited and I accordingly allow the same in the following terms:-
1. That pending the hearing and determination of the petition orders do issue staying the decision of the 1st Respondent contained in the Kenya Gazette Notice dated 1st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property.
2. That pending the hearing and determination of the petition conservatory orders do issue and be directed at the 1st Respondent, the 1st, 2nd and 3rd interested parties, their agents or anyone authorized by them respectively or acting under them-to stay the implementation of the 1st Respondent’s decision contained in the Kenya Gazette Notice dated 1st March, 2019 or any other subsequent notice that may be issued by the 1st Respondent relating to the suit property.
3. That pending the hearing and determination of the petition orders do issue and be directed at the 1st Respondent prohibiting it, its agents or anyone authorized by it or acting under if from issuing any subsequent notice/s in relation to the suit property.
4. That pending the hearing and determination of the petition orders do issue and be directed at the 2nd Respondent prohibiting it, its agents or anyone authorized by it or acting under it from lodging, publishing or in any way commenting on the petitioner’s ownership of title in relation to the suit property.
5. Costs of the application be to the petitioner.
DATED, SIGNED and DELIVERED in open court at NAROK on this 1st day of July, 2020
Mohammed Kullow
Judge
1/7/2020
in the presence of:
CA:Chuma
Mr. Kemboy for the petitioner
N/A for the respondents
Mohammed Kullow
Judge
1/7/2020