[2024] KEELC 608 (KLR)
The court found that since the Land Acquisition Tribunal has now been operationalized and is competent to adjudicate the dispute raised in the petition, and all parties are in agreement, it is appropriate to transfer the petition to the Tribunal for primary adjudication and disposal of the issues within its mandate....
Source-derived case information.
- Citation
- [2024] KEELC 608 (KLR)
- Parties
- Applicant: Giciri Thuo & 151 others; Respondent: National Land Commission; Respondent: Mama Ngina University College; Respondent: Kenyatta University; Respondent: Ministry of Education; Respondent: Kenya Human Rights Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition E004 of 2022
- Procedural Posture
- Environment and Land Petition / Ruling on Transfer of Petition to Tribunal
- Outcome
- Petition transferred to the Land Acquisition Tribunal for adjudication. No order as to costs.
- Judges
- BM Eboso
- Legal Topics
- Land Acquisition, Jurisdiction Transfer, Tribunal Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Giciri Thuo & 151 others
Applicant
National Land Commission
Respondent
Mama Ngina University College
Respondent
Kenyatta University
Respondent
Ministry of Education
Respondent
Kenya Human Rights Commission
Respondent
Procedural Posture
Environment and Land Petition / Ruling on Transfer of Petition to Tribunal
Legal Issues
- 1 Whether the Environment and Land Court should transfer the petition to the Land Acquisition Tribunal now that the Tribunal is operationalized.
- 2 Whether the Tribunal has primary jurisdiction over the dispute raised in the petition.
Ratio Decidendi
The court found that since the Land Acquisition Tribunal has now been operationalized and is competent to adjudicate the dispute raised in the petition, and all parties are in agreement, it is appropriate to transfer the petition to the Tribunal for primary adjudication and disposal of the issues within its mandate. The court therefore ordered the transfer of the petition to the Land Acquisition Tribunal and made no order as to costs.
Court Disposition
Petition transferred to the Land Acquisition Tribunal for adjudication. No order as to costs.
Orders
- This petition is hereby transferred to the Land Acquisition Tribunal for primary adjudication and disposal of the issues that fall within the mandate of the Tribunal.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Thuo & 151 others v National Land Commission & 4 others (Environment & Land Petition E004 of 2022) [2024] KEELC 608 (KLR) (7 February 2024) (Ruling)
Neutral citation: [2024] KEELC 608 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Petition E004 of 2022
BM Eboso, J
February 7, 2024
Between
Giciri Thuo & 151 others
Petitioner
and
National Land Commission
1st Respondent
Mama Ngina University College
2nd Respondent
Kenyatta University
3rd Respondent
Ministry of Education
4th Respondent
Kenya Human Rights Commission
5th Respondent
Ruling
1. The 2nd and 3rd respondents brought a notice of motion dated 2/2/2024, seeking transfer of this petition to the Land Acquisition Tribunal [the LAT]. Their case is that this court elected to exercise primary jurisdiction because the LAT had not been operationalized at the time but has since been operationalized and is available to adjudicate the dispute in the petition.
2. All the parties are in agreement that the petition [dispute] should be transferred to the LAT.
3. In the circumstances, this petition is hereby transferred to the Land Acquisition Tribunal for primary adjudication and disposal of the issues that fall within the mandate of the Tribunal. Up to this point, there will be no order as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 7TH DAY OF FEBRUARY 2024B M EBOSOJUDGEIn the presence of:Mr. Malenya for the PetitionerMr. Njoroge Regeru for the 2nd and 3rd RespondentsMs Masinde for the RespondentMs Ngira for the 4th and 5th RespondentsCourt Assistant: Hinga/Melita