[2018] KEELC 1050 (KLR)
The court found that there is credible evidence of ongoing negotiations between the plaintiffs, the County Government of Kakamega, and the Forest Department regarding resettlement and de-gazettement of the suit land. The court observed that people, including the plaintiffs, remain in occupation of the disputed land,...
Source-derived case information.
- Citation
- [2018] KEELC 1050 (KLR)
- Parties
- Plaintiff: Timothy Ingosi & 87 Others; Defendant: Kenya Forest Services; Defendant: Hon. Attorney General; Defendant: Commissioner of Lands
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 479 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Extend Suspension of Judgment
- Outcome
- application granted in part
- Judges
- A Ombwayo
- Legal Topics
- Eviction Suspension, Resettlement Negotiations, Forest Land Occupation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Ingosi & 87 Others
Plaintiff
Kenya Forest Services
Defendant
Hon. Attorney General
Defendant
Commissioner of Lands
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Extend Suspension of Judgment
Legal Issues
- 1 Whether the court should extend the period of suspension of its judgment to allow further negotiations for resettlement of the plaintiffs.
- 2 Whether failure to extend the suspension would render ongoing negotiations with the government nugatory and cause irreparable harm to the plaintiffs.
Ratio Decidendi
The court found that there is credible evidence of ongoing negotiations between the plaintiffs, the County Government of Kakamega, and the Forest Department regarding resettlement and de-gazettement of the suit land. The court observed that people, including the plaintiffs, remain in occupation of the disputed land, and that eviction at this stage would render the ongoing negotiations nugatory and cause irreparable harm to the plaintiffs. The court exercised its discretion to extend the suspension of its judgment for a further two years to allow the parties to conclude negotiations, holding that it is just, fair, and expedient to do so in the circumstances.
Court Disposition
application granted in part
Orders
- The period for suspension of the judgment is extended for two years from the date of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 479 OF 2012
TIMOTHY INGOSI & 87 OTHERS.....................................PLAINTIFFS
VERSUS
KENYA FOREST SERVICES.......................................1ST DEFENDANT
HON. ATTORNEY GENERAL....................................2ND DEFENDANT
COMMISSIONER OF LANDS....................................3RD DEFENDANT
RULING
The plaintiffs have come to court for an order that the court extends the period of suspension of the judgment for a further five years to enable the government consider the plight of the defendants. The application is based on grounds that the Honourable court delivered its judgment on 8th January, 2016 wherein it dismissed the plaintiff’s case but the judgment was suspended for a period of two years to enable the government consider the plight of the defendants and the counterclaim of the 1st defendant succeeded.
The plaintiffs have engaged the government with a view of getting a resettlement plan and de-gazettement of the suit land to pave way for settlement of the plaintiffs. The plaintiffs are in occupation and use of the suit land. The two years suspension of the judgment is about to expire which will lead to the plaintiffs being evicted from the suit land and this will render the negotiations engaged in with the government nugatory. That the Honourable court has jurisdiction to grant the orders sought. It is just, fair and expedient that the application be allowed.
In the supporting affidavit, Timothy Ingosi states that the Honourable court delivered its judgment on 8th January, 2016 wherein it dismissed the plaintiffs’ case and the 1st defendant’s counterclaim succeeded but was suspended for a period of two years to enable the government consider the plight of the defendant. That the two years period granted by court is about to expire which lead to the plaintiffs being evicted from the suit and their property being demolished.
That the plaintiffs with the assistance of the County Government of Kakamega engaged the government with a view of getting a resettlement plan and de-gazettement of the suit land to pave way for settlement of the plaintiffs.
The plaintiffs are in occupation and use of the suit land and it is necessary that the period be extended so as not to render the negotiations entered into nugatory. That the Honourable court has jurisdiction to grant the orders sought.
That it is just, fair and expedient that the application be allowed as should the plaintiffs be evicted they will suffer irreparable loss and damage and they will be rendered landless.
The 1st defendant states that so far, there s no meaningful engagement between the plaintiffs and the defendants since judgment was delivered 2 years ago. It is stated that the plaintiffs have neither indulged the 1st defendant, The Ministry of Lands nor the Attorney General for any resettlement programmes.
I have considered the application before court dated 24. 7.2017 and the replying affidavit of the 1st defendant. I made a site visit on of the disputed parcel of land and observed that there are people still living in the forest area, a police station, a national youth service camp. I have seen a letter dated 21. 2.2018 by Hon. Alfred O. Matiang’i, County Executive Committee Member for Lands, Housing Urban areas and Physical Planning, Kakamega County confirming that there are negotiations ongoing with the Forest Department. I am convinced that the parties herein require more time for negotiations. I do hereby extend the period for suspension of the judgment for 2 years from the date of this ruling. Orders accordingly.
Dated and delivered at Eldoret this 23rd day of October, 2018.
A. OMBWAYO
JUDGE