[2012] KEHC 2994 (KLR)
The court found that the petitioners are entitled to access information regarding the results of the Nzalae Land Adjudication Section under Article 35 of the Constitution. The respondents did not oppose the petitioners' request for disclosure. The court held that interim relief was warranted to give effect to the...
Source-derived case information.
- Citation
- [2012] KEHC 2994 (KLR)
- Parties
- Applicant: Pauline Muia Maingi; Applicant: Thomas Ngomo Ndunda; Applicant: Paul Muinde Ndunda; Applicant: Peter Itumo Ndunda; Respondent: Attorney General; Respondent: Director of Land Adjudication; Respondent: Director of Survey; Respondent: Minister for Lands
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 191 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Interim Relief
- Outcome
- Interim orders granted in favour of the petitioners.
- Judges
- DAS Majanja
- Legal Topics
- Right to Information, Land Adjudication Process, Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Muia Maingi
Applicant
Thomas Ngomo Ndunda
Applicant
Paul Muinde Ndunda
Applicant
Peter Itumo Ndunda
Applicant
Attorney General
Respondent
Director of Land Adjudication
Respondent
Director of Survey
Respondent
Minister for Lands
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interim Relief
Legal Issues
- 1 Whether the petitioners are entitled to access information regarding the results of the Nzalae Land Adjudication Section.
- 2 Whether the respondents are under a legal obligation to disclose and publish the adjudication results as required by law.
Ratio Decidendi
The court found that the petitioners are entitled to access information regarding the results of the Nzalae Land Adjudication Section under Article 35 of the Constitution. The respondents did not oppose the petitioners' request for disclosure. The court held that interim relief was warranted to give effect to the constitutional right to information and directed the Director of Land Adjudication to furnish the final results of the adjudication to both the court and the petitioners within 60 days. The court also granted liberty to the petitioners to seek further orders if necessary.
Court Disposition
Interim orders granted in favour of the petitioners.
Orders
- The Director of Land Adjudication is directed to furnish to the court and the petitioners the final results of the adjudication of the Nzalae Land Adjudication Section within 60 days.
- The petitioners are at liberty to apply for further and other orders.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATNAIROBI
PETITION 191 OF 2012
PAULINE MUIA MAINGI ...........................................................1ST PETITIONER
THOMAS NGOMO NDUNDA ...................................................2ND PETITIONER
PAUL MUINDE NDUNDA ........................................................3RD PETITIONER
PETER ITUMO NDUNDA .........................................................4TH PETITIONER
VERSUS
ATTORNEY GENERAL .........................................................1ST RESPONDENT
DIRECTOR OF LAND ADJUDICATION ...............................2ND RESPONDENT
DIRECTOR OF SURVEY ........................................................3RD RESPONDENT
MINISTER FOR LANDS .........................................................4TH RESPONDENT
RULING
1. This petition concerns land adjudication in the area known as Nzalae in Kitui county. It is alleged that the area was subject of land adjudication under the Land Adjudication Act (Chapter 284 of the Laws of Kenya).The petitioner’s grievance is that they are not aware of the results of the adjudication and that this has made it difficult for them to protect their property rights. They now seek various declarations including the following;
(c) An order compelling the respondents to disclose to the petitioners the results of adjudication process for Nzalae Adjudication Section completed on 12th June 1978.
(d) An order be issued compelling the respondent to publish the completion of adjudication process of Nzalae Adjudication Section as required by the Law Adjudication Act.
2. According to the respondent, in a letter dated 27th April 2004 addressed to the petitioner’s advocate in relation to the area, “The Nzalae Section was finalised on 12th June 1978, where the aggrieved persons had filed Appeal cases to the Minister whose determination would soon be implemented.”
3. Mr. Wamotsa, who appeared for the respondents, has no objection to the court issuing orders for the release and or publication of information relating to the Land Adjudication.
4. In my view, an interim relief is merited in order to give effect to the provisions of Article 35 of the Constitution which entitles every citizen to access the information held by the State.
5. In the circumstances, I make the following order;
(a)The 2nd respondent, the Director of Land Adjudication, is hereby directed to furnish to this Court and the petitioners the final results of the adjudication of the Nzalae Land Adjudication Section as set out in the letters dated 27th April 2004 (Ref No. 4/233/(54)) within 60 days from the date hereof.
(b)The petitioner be at liberty to apply for further and other orders.
(c)Mention on 5th October 2012.
(d)Costs in the cause.
DATEDandDELIVEREDatNAIROBIthis 16th day of July 2012
D. MAJANJA
JUDGE