[2015] KEHC 7916 (KLR)
The court adopted the consent of the parties as its judgment, which provided for the dissolution of the previously appointed Land Committee for the Amung'enti 'D' Adjudication Section and the formation of a new committee in consultation with the petitioners and respondents. This resolution acknowledged the...
Source-derived case information.
- Citation
- [2015] KEHC 7916 (KLR)
- Parties
- Applicant: Peter Kirimi Mbogo; Applicant: Henry M'Mburugu Mwambia; Applicant: Solomon Munyua; Applicant: Jacob Kithera; Applicant: Joseph Mithika; Applicant: Jeremiah Kiburi; Applicant: Isaack Gitonga; Applicant: Patrick Muthomi; Applicant: Doreen Kighetu; Respondent: District Land Adjudication Officer Igembe South; Respondent: Deputy County Commissioner Igembe South; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 31 of 2014
- Procedural Posture
- Constitutional Petition / Final Judgment by Consent
- Outcome
- Petition settled by consent; committee dissolved and new process ordered; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Bill of Rights Enforcement, Land Adjudication Committee Appointment, Fair Administrative Action, Public Participation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kirimi Mbogo
Applicant
Henry M'Mburugu Mwambia
Applicant
Solomon Munyua
Applicant
Jacob Kithera
Applicant
Joseph Mithika
Applicant
Jeremiah Kiburi
Applicant
Isaack Gitonga
Applicant
Patrick Muthomi
Applicant
Doreen Kighetu
Applicant
District Land Adjudication Officer Igembe South
Respondent
Deputy County Commissioner Igembe South
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Final Judgment by Consent
Legal Issues
- 1 Whether the appointment of the adjudication committee members for Amung'enti 'D' Adjudication Section was contrary to the law and violated the petitioners' constitutional rights.
- 2 Whether the petitioners' rights under Articles 27, 33, 35, 40, 47, 48, 50, and 56 of the Constitution were infringed by the respondents' actions.
- 3 Whether the court should issue orders quashing the appointment and direct a new, lawful process.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, which provided for the dissolution of the previously appointed Land Committee for the Amung'enti 'D' Adjudication Section and the formation of a new committee in consultation with the petitioners and respondents. This resolution acknowledged the petitioners' grievances regarding lack of due process and public participation in the original appointments, and provided a remedy consistent with constitutional requirements for fair administrative action and inclusivity. The petition was marked as settled with no order as to costs, reflecting the parties' agreement and the court's endorsement of a negotiated, lawful process for...
Court Disposition
Petition settled by consent; committee dissolved and new process ordered; no order as to costs.
Orders
- The respondents to disband/dissolve the Land Committee for the Amung'enti Adjudication Section.
- A new committee to be appointed in consultation between the petitioners and the respondents.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBIC OF KENYA
IN THE HGH COURT OF KENYA AT MERU
PETITION NO. 31 OF 2014
IN THE MATTER OF ENFORCEMENT OF CHAPTER FOUR OF THE CONSTITUTION AND THE BILL OF RIGHTS
AND
IN THE MATTER OF CONSTITUTION OF KENYA ( PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES
AND
IN THE M ATTER OF INFRINGEMENT OF THE PETITIONERS RIGHTS UNDER
ARTICLES 27, 33, 35, 40, 47, 48, 50 AND 56 OF THE CONSTITUTION
AND
IN THE MATTER OF AMUN'GENTI “D” ADJUDICATION SECTION
AND IN THE MATTER OF UNFAIR APPOINTMENT OF ADJUDICATION COMMITTEE MEMBERS
AND
IN THE MATTER OF SECTION 5 AND 6 OF THE LAND ADJUDICATION ACT
(CAP 284 L.O.K)
BETWEEN
PETER KIRIMI MBOGO ….............................................................1ST PETITIONER
HENRY M'MBURUGU MWAMBIA...............................................2ND PETITIONER
SOLOMON MUNYUA.....................................................................3RD PETITIONER
JACOB KITHERA.............................................................................4TH PETITIONER
JOSEPH MITHIKA............................................................................5TH PETITIONER
JEREMIAH KIBURI..........................................................................6TH PETITIONER
ISAACK GITONGA...........................................................................7TH PETITIONER
PATRICK MUTHOMI........................................................................8TH PETITIONER
DOREEN KIGETU.............................................................................9TH PETITIONER
AND
THE DISTRICT LAND ADJUDICATION OFFICER
IGEMBE SOUTH...............................................................................1ST RESPONDENT
THE DEPUTY COUNTY COMMISSIONER IGEMBE SOUTH...2ND RESPONDENT
THE ATTORNEY GENERAL..........................................................3RD RESPONDENT
J U D G E M E N T
This petition is dated 25th day of September 2014 and the petitioners pray for the following reliefs:
a) An order of Judicial Review cancelling and quashing the decision and/or list of appointed committee members by the 1st and 2nd respondent to handpick committee members on 4. 9.2014 contrary to the law.
b) An order of permanent injunction restraining the 1st and 2nd respondents from swearing the purportedly appointed committee members of AMUNG'ENTI “D” Adjudication Section.
c) A declaration that the petitioner's constitutional rights were infringed under the cited Articles.
d) An order for the 1st and 2nd respondent to reconvene an election which is representative and in consonance with the law the constitution for MUNG'ENTI “D” Adjudication Section. (sic)
c) Costs of the petition.
On 2. 11. 2015 the advocates representing the parties proffered a consent which they asked the court to adopt as its order. The consent is dated 2. 11. 2015 and is in the following terms:
“By consent, the Advocates for the petitioners and the Respondent have agreed that:
The respondents to disband/dissolve the Land Committee for the Amungenti Adjudication Section and a new Committee to be appointed in consultation between the petitioners and the respondents.
The Petitioner to withdraw the petition to allow formation of a new committee for the Amung'enti “D” Adjudication section with no orders as to costs.”
The consent is adopted as an order of this court. As per the consent, I issue no order as to costs.
For the avoidance of any doubt, this petition is marked as settled and definitively determined.
It is so ordered.
Delivered in Open Court at Meru this 2nd day of November, 2015 in the presence of:
Cc Lilian/Daniel
Ken Muriuki for the Petitioners
Kiongo for the Respondents
P. M. NJOROGE
JUDGE