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Case Action: Ruling


Mohammed Juma Mohamed & Another V Registrar Of Titles, Coast Region Kilifi & 2 Others [2015] eKLR

Case Number: Elc Petition 2 of 2013 Date Delivered: 17 Apr 2015

Judge: Oscar Angote

Court: Environment and Land Court at Malindi

Parties: Mohammed Juma Mohamed & Athumani Rashid Ngare v Registrar of Titles, Coast Region Kilifi, Commissioner of Lands & Attorney General

Citation: Mohammed Juma Mohamed & Another V Registrar Of Titles, Coast Region Kilifi & 2 Others [2015] eKLR

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Gatei Wa Nganda V Kamiti Farmers Company Limited& 6 Others [2015] eKLR

Case Number: ELC 300 of 2013 Date Delivered: 16 Apr 2015

Judge: Lucy Nyambura Gacheru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Gatei Wa Nganda v Kamiti Farmers Company Limited, Peninah Wanjiru Kinyanjui, Wilson Maina Njenga, Commissioner of Lands, Chief Land Registrar, Simon N. Njoroge & Daniel Gethinji

Citation: Gatei Wa Nganda V Kamiti Farmers Company Limited& 6 Others [2015] eKLR

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Edward Gachigua Nderitu V Chief Land Registrar & 2 Others [2015] eKLR

Case Number: ELC 440 of 2013 Date Delivered: 16 Apr 2015

Judge: Lucy Nyambura Gacheru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Edward Gachigua Nderitu v Chief Land Registrar,Land Registrar Kajiado County & Attorney General

Citation: Edward Gachigua Nderitu V Chief Land Registrar & 2 Others [2015] eKLR

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Bouhuys Johaned Eduard Cornelis V Obadiah Njora Mwangi [2015] eKLR

Case Number: ELC 14 of 2014 Date Delivered: 16 Apr 2015

Judge: Anne Omollo

Court: Employment and Labour Relations Court at Mombasa

Parties: Bouhuys Johaned Eduard Cornelis v Obadiah Njora Mwangi

Citation: Bouhuys Johaned Eduard Cornelis V Obadiah Njora Mwangi [2015] eKLR

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P H S V S M R [2015] eKLR

Case Number: Civil Suit 11 of 2014 (O S) Date Delivered: 16 Apr 2015

Judge: Aggrey Otsyula Muchelule

Court: High Court at Nairobi (Milimani Law Courts)

Parties: P H S v S M R

Citation: P H S V S M R [2015] eKLR

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R. H. Devani Limited V Transfuel Enterprises Ltd & Another [2015] eKLR

Case Number: Civil Case 144 of 2012 Date Delivered: 16 Apr 2015

Judge: Francis Gikonyo

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: R. H. Devani Limited v Transfuel Enterprises Ltd & African Merchant Assurance Company Ltd

Citation: R. H. Devani Limited V Transfuel Enterprises Ltd & Another [2015] eKLR

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John Karumwa Maina V Susan Wanjiru Mwangi [2015] eKLR

Case Number: Succession Cause 1878 of 2005 Date Delivered: 16 Apr 2015

Judge: Aggrey Otsyula Muchelule

Court: High Court at Nairobi (Milimani Law Courts)

Parties: John Karumwa Maina v Susan Wanjiru Mwangi

Citation: John Karumwa Maina V Susan Wanjiru Mwangi [2015] eKLR

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Kolaba Enterprises Ltd V Shamshudin Hussein Varvani & Another [2015] eKLR

Case Number: Civil Suit 627 of 2005 Date Delivered: 16 Apr 2015

Judge: Francis Gikonyo

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Kolaba Enterprises Ltd v Shamshudin Hussein Varvani & Mefuzabanu Shamshudin Varvani

Citation: Kolaba Enterprises Ltd V Shamshudin Hussein Varvani & Another [2015] eKLR

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Peninah Nadako Kiliswa V Independent Electoral & Boundaries Commision (IEBC) & 2 Others [2015] eKLR

Case Number: Petition 28 of 2014 Date Delivered: 16 Apr 2015

Judge: Philip Kiptoo Tunoi, Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala

Court: Supreme Court of Kenya

Parties: Peninah Nadako Kiliswa v Independent Electoral & Boundaries Commision,Ford Kenya & Edith Were Shitandi

Citation: Peninah Nadako Kiliswa V Independent Electoral & Boundaries Commision (IEBC) & 2 Others [2015] eKLR

Principles to be complied with when invoking the Supreme Court’s appellate jurisdiction on a matter that originated under Judicial Review

 

Kiliswa & 3 Others v Shitandi

Petition No 28 of 2014

Supreme Court of Kenya at Nairobi

Rawal DCJ, Tunoi, Ibrahim, Ojwang & Wanjala SCJJ

April 16, 2015

Reported by Andrew Halonyere

 

Brief facts

The appeal emanated from a complaint lodged before the dispute Resolution Committee of the IEBC, claiming that the appellant’s name had been erroneously removed, as the gender top-up nominee on the Ford Kenya party-list for Bungoma County, by being replaced with that of the third respondent. The Committee in its ruling dismissed the appellant’s complaint on the ground, that no evidence had been adduced in support of the allegations made.

The appellant challenged the Committee’s decision before the High Court by way of Judicial Review. She contested the proceedings and decision of the Committee on the basis, that the committee had overlooked the evidence placed before it, and failed to give reasons for the decision arrived at, thus detracting from the principle of fair and impartial hearing. The High Court however dismissed the appellant’s case.

The appellant, thereafter moved to the Court of Appeal. The Court of Appeal in its ruling upheld the High Court’s decision. Being dissatisfied, the appellant moved to the Supreme Court on an appeal.

The respondent on its part challenged the appeal by raising a preliminary objection on a point of law that the Supreme Court lacked jurisdiction to hear and determine the petition.

Issue

  1. Whether the appeal raised any issue involving the interpretation or application of the Constitution, as contemplated under article 163(4)(a) of the Constitution, so as to activate the Supreme Court’s jurisdiction.

 

Judicial Review - jurisdiction of the Supreme Court to entertain appeals on judicial review – principals to be complied with when  moving to the Supreme Court in an appeal that originated under judicial review – whether there was a basis for invoking the Supreme Court’s appellate jurisdiction – Constitution of Kenya, 2010 article 163 (4) (a)

Held

  1. By merely alleging that a question of constitutional interpretation or application is involved, without more, does not automatically bring an appeal within the ambit of article 163(4)(a) of the Constitution. Article 163 (4) (a) had to be seen to be laying down the principle that not all intended appeals lie from the Court of Appeal to the Supreme Court.  Only those appeals arising from cases involving the interpretation or application of the Constitution could be entertained by the Supreme Court.
  2. For an appeal to lie to the Supreme Court in a matter that originated under judicial review, the issues had to fall under the canopy of article 163(4)(a). Judicial Review was concerned with the process and when appealing to the Supreme Court in a matter that originated before the High Court by way of Judicial Review, the party concerned should comply with the following principles.
    1. Not all Judicial Review matters were appealable to the Supreme Court, as of right.
    2. It was open to the party concerned to move the Court on appeal under article 163(4)(b) of the Constitution, in which case, the normal certification process applied.
    3. Where such an appeal comes under article 163(4)(a), the petitioner is to identify the particular(s) of constitutional character that was canvassed at both the High Court and the Court of Appeal.
    4. The party concerned should demonstrate that the superior Courts had misdirected themselves in relation to prescribed constitutional principles, and either granted, or failed to grant Judicial Review remedies, the resulting decisions standing out as illegal, irrational, and/or unprocedural, hence unconstitutional.
  3. The Supreme Court is by no means an open forum for all cases from the Court of Appeal on judicial review matters. Each appeal is to be considered on its merits on a case-to-case basis. Only those causes bearing a real constitutional issue can be heard by the Supreme Court and a bare claim that a matter raises issues of interpretation or application of the Constitution does not suffice.
  4. The law recognizes that the Supreme Court as the apex Court, stands not in good stead to evaluate evidence and to make factual findings, and so in respect of such fact-material, there would be no basis for invoking the Supreme Court’s appellate jurisdiction under article 163(4) (a) of the Constitution.

Preliminary Objection upheld, petition struck out.

 Petitioner to pay costs of the respondent.

 

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Peter Karanja Kamau V Stanley Maina Mungai [2015] eKLR

Case Number: Civil Appeal 34 of 2014 Date Delivered: 16 Apr 2015

Judge: Hatari Peter George Waweru

Court: High Court at Murang'a

Parties: Peter Karanja Kamau v Stanley Maina Mungai

Citation: Peter Karanja Kamau V Stanley Maina Mungai [2015] eKLR

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Gachango Njuguna Munyambu & 2 Others V Gatundu Holdings Limited & 4 Others [2015] eKLR

Case Number: Civil Suit 173 of 2014 Date Delivered: 16 Apr 2015

Judge: Francis Gikonyo

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Gachango Njuguna Munyambu, Dominic Stephen Karanja & Kanyango Kimani Kamau v Gatundu Holdings Limited, Daniel Kamita Gichuhi , Moses Ngang Muihia, Mutua Kihu & Patrick Kabubu Njuguna

Citation: Gachango Njuguna Munyambu & 2 Others V Gatundu Holdings Limited & 4 Others [2015] eKLR

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Patrick Mwenda Gitonga & Another And Veronica Wanja Njuguna V Stephen Mburu Kamau & 10 Others [2015] eKLR

Case Number: ELC Civil Suit 405 of 2014 Date Delivered: 16 Apr 2015

Judge: John Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Patrick Mwenda Gitonga & Grace Njeri Karanja and Veronica Wanja Njuguna v Stephen Mburu Kamau,Mary Wambui Kamau, Hannah Wangui Kamau, Virginia Njeri Kamau, Lucy Wangari Kamau, Monica Mukami Kamau, Joseph Muigai Kamau, Boniface Njunge Kamau, Francis Njoroge Kamau, Nicholas Muya Kamau & Joseph Muigai Kamau

Citation: Patrick Mwenda Gitonga & Another And Veronica Wanja Njuguna V Stephen Mburu Kamau & 10 Others [2015] eKLR

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Lazarus Kibui Ndegwa V Labule Okello Lutwa [2015] eKLR

Case Number: Elc Civil Suit 489 of 2013 Date Delivered: 16 Apr 2015

Judge: John Mutungi

Court: Environment and Land Court at Nairobi

Parties: Lazarus Kibui Ndegwa v Labule Okello Lutwa

Citation: Lazarus Kibui Ndegwa V Labule Okello Lutwa [2015] eKLR

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Nanak Hospital Management Services Limited V Kenneth K. Mwangi & 5 Others [2015] eKLR

Case Number: Environment and Land Suit Suit 505 of 2009 Date Delivered: 16 Apr 2015

Judge: Pauline Nyamweya

Court: Environment and Land Court at Nairobi

Parties: Nanak Hospital Management Services Limited v Kenneth K. Mwangi, City Council of Nairobi, Commissioner of Lands, Attorney General, Kang’eri Wanjohi t/a Kindest Auctioneers & Fidelity Commercial Bank Limited

Citation: Nanak Hospital Management Services Limited V Kenneth K. Mwangi & 5 Others [2015] eKLR

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Sato Properties Limited V County Government Of Nairobi (Successor In Title To The Defunct) City Council Of Nairobi & 3 Others [2015] eKLR

Case Number: Elc Civil Suit 935 of 2012 Date Delivered: 16 Apr 2015

Judge: John Mutungi

Court: Environment and Land Court at Nairobi

Parties: Sato Properties Limited v The County Government Of Nairobi (Successor In Title To The Defunct) City Council Of Nairobi , Commissioner Of Lands,The Attorney General & Antow Trading Company Limited

Citation: Sato Properties Limited V County Government Of Nairobi (Successor In Title To The Defunct) City Council Of Nairobi & 3 Others [2015] eKLR

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John Abunga Mogaka V Richard Khisa Matayo [2015] eKLR

Case Number: Civil Suit 72 of 2010 Date Delivered: 16 Apr 2015

Judge: Elija Ogoti Obaga

Court: Environment and Land Court at Kitale

Parties: John Abunga Mogaka v Richard Khisa Matayo

Citation: John Abunga Mogaka V Richard Khisa Matayo [2015] eKLR

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Joseph Wathoa Kigwe & Another V Kenya National Highways Authority & 4 Others[2015] eKLR

Case Number: Elc Civil Suit 930 of 2012 Date Delivered: 16 Apr 2015

Judge: Lucy Nyambura Gacheru

Court: Environment and Land Court at Nairobi

Parties: Joseph Wathoa Kigwe & Rosemary Wanjiru Kigwe v Kenya National Highways Authority, China Wu Yo Co Ltd, Athi Water Services Board, Nairobi Water Sewarage & Co Ltd & City Council of Nairobi

Citation: Joseph Wathoa Kigwe & Another V Kenya National Highways Authority & 4 Others[2015] eKLR

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Benedicta Ndunge Mbole V Christopher Musyoka Musau [2015] eKLR

Case Number: Succession Cause 452 of 2008 Date Delivered: 16 Apr 2015

Judge: Lilian Nabwire Mutende

Court: High Court at Machakos

Parties: Benedicta Ndunge Mbole v Christopher Musyoka Musau

Citation: Benedicta Ndunge Mbole V Christopher Musyoka Musau [2015] eKLR

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Margaret Kavutha Mwilu V Kioko Harrison & Another [2015] eKLR

Case Number: Misc. Application 107 of 2013 Date Delivered: 16 Apr 2015

Judge: Lilian Nabwire Mutende

Court: High Court at Machakos

Parties: Margaret Kavutha Mwilu v Kioko Harrison & Justus Muema Wambua

Citation: Margaret Kavutha Mwilu V Kioko Harrison & Another [2015] eKLR

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Dishon Nyambega Munene V Republic [2015] eKLR

Case Number: Criminal Revision 26 of 2015 Date Delivered: 16 Apr 2015

Judge: David Shikomera Majanja

Court: High Court at Migori

Parties: Dishon Nyambega Munene v Republic

Citation: Dishon Nyambega Munene V Republic [2015] eKLR

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Job K Muriuki V Mada Hotels Limited [2015] eKLR

Case Number: Cause 875 of 2012 Date Delivered: 15 Apr 2015

Judge: Nzioki wa Makau

Court: Employment and Labour Relations Court at Nairobi

Parties: Job K Muriuki v Mada Hotels Limited

Citation: Job K Muriuki V Mada Hotels Limited [2015] eKLR

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Francis Karumba Mutura & 23,375 Others V Attorney General & Another [2015] eKLR

Case Number: Petition 22 of 2012 Date Delivered: 15 Apr 2015

Judge: Abigail Mshila

Court: High Court at Nakuru

Parties: Francis Karumba Mutura,Wallace Gitau Chiri & 23,374 others v Attorney General & Permanent Secretary Ministry of State for Special Programmes

Citation: Francis Karumba Mutura & 23,375 Others V Attorney General & Another [2015] eKLR

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Ledidi Ole Tauta & Others V Attorney General & 2 Others [2015] eKLR

Case Number: Constitutional Petition 47 of 2010 Date Delivered: 15 Apr 2015

Judge: Pauline Nyamweya, Rose Edwina Atieno Ougo, John Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Ledidi Ole Tauta & Others v Attorney General, Kenya Forest Service & Kenya Electricity Generating Company Limited

Citation: Ledidi Ole Tauta & Others V Attorney General & 2 Others [2015] eKLR

The National Land Commission has the mandate to investigate historical land injustices

 

Ledida Ole Tauta &Others v Attorney General& 2 Others

Petition No 47 of 2010

P Nyamweya, R Ougo& J Mutungi JJ

April 15, 2015

Reported by Andrew Halonyere

 

Brief facts

The Petitioners brought a petition before the High Court seeking inter alia a declaration that they (Petitioners) together with the Maasai community of Ngong Hills were entitled to the suit land known as Ngong Hills measuring approximately 577 hectares or thereabouts and have sought an order directing the government to immediately survey the suit land and issue title deeds to them and other bonafideMaasai residents of Ngong Hills.

The petitioners’ case was that the suit property was ancestral land which was dispossessed from their forefathers during the colonial days. The Petitioners alleged that the British Imperial Government compulsorily acquired land occupied by Native Maasai Africans which was not available for acquisition and alienated 614, 213.0 acres of Maasai land to European settlers.

 The Petitioners further submitted that as indigenous people, they were entitled to the protection of the Constitution and that their eviction would offend their fundamental rights and freedoms under the bill of rights.

The respondents on their part raised a preliminary objection on inter-alia the ground that the suit raised issues concerning ownership of land which was not an issue under the constitutional law forum but under the Land and Environment Court as created by the Constitution.

Issues

  1. Whether the suit ought to have been brought before the Land and Environment Court.
  2. Whether the High Court is the appropriate organ to carry out investigation and/or inquiry into historical land injustices.
  3. Whether an individual or group of individuals can institute court proceedings on behalf of others claiming breach of a right or fundamental freedom.
  4. Whether it was premature for the petitioners to come to court without exhausting the process of obtaining a degazettment of Ngong Hills Forest as a state forest.

Constitutional law – jurisdiction – jurisdiction of the High Court vis-a-vis Environment and Land Court – whether the High Court and the Environment and Land Court have concurrent jurisdiction in determining constitutional matters touching on the violation or infringement of the fundamental bill of rights and freedoms – Constitution of Kenya, 2010 articles  162(2)(b),165(3) (b),

Constitutional law – fundamental rights and freedoms – right to institute court proceedings - whether an individual or group of individuals can institute court proceedings on behalf of others claiming breach of a right or fundamental freedom – Constitution of Kenya 201 article  22(2) (b)

Constitutional law – National Land Commission – claim that suit property was ancestral land which was dispossessed from their forefathers during the colonial days – duty of the National Land Commission to investigate into historical land injustices.

 

Held

  1. A party seeking redress from the High Court on a matter which involves reference to the Constitution, it is important (if only to ensure that justice is done to his case) that he should set out with reasonable degree of precision that of which he complains, the provision said to be infringed and the manner in which they are alleged to be infringed.
  2. The petition was not specific, it was merely of a general nature in that it failed to identify with precision the particular property to which the Petitioners lay claim, save for stating that they were entitled to 577 hectares of the suit land, the Petitioners had not specified which portion of the 3077.0 hectares gazetted as Ngong Hills Forest they lay claim to, even if the petitioners claim was to be upheld it would invite a further exercise of determining what the claim related to.
  3. Article 162(2)(b) of the Constitution made provision for the establishment by Parliament of a Court with the status of the High Court to hear and determine disputes relating to the environment, use and occupation of, and  title to land. The Environment and Land Court Act No. 19 of 2011 was enacted to give effect to Article 162(2) (b) of the Constitution. It is not disputed that the instant petition was filed before the enactment of the Environment and Land Court Act which established the Environment and Land Court. The Petitioners could therefore not be faulted for having filed their suit in the Constitutional and Judicial Review division of the High Court.
  4. Whereas the jurisdiction to determine whether there had been a violation of any of the rights under the Bill of Rights was vested in the High Court under Article 165(3) (b), the said jurisdiction was subject to clause (5) which prohibited the High Court from exercising jurisdiction over matters that fell within the province of the courts established under Article 162(2).
  5. Courts had been faced with applications raising objections on their jurisdiction to entertain suits on matters that fell within the jurisdiction of Courts established under Article 162(2). The practice had however, been not to dismiss the suits but to transfer them for hearing on merits at the right forum.
  6. Having regard to the Constitutional provision under Article 165(3) (b) and section 13(3) of the Environment and Land Court. In Constitutional matters touching on the violation and/or infringement of the fundamental bill of rights and freedoms in as far as the same relate to the environment and land both the High Court and the Environment and Land Court have concurrent jurisdiction to deal with such matters and a party could bring such matters either before the High court and/or before the Environment and Land court.  Therefore the Environment and Land court had the jurisdiction to deal with the petition
  7. Article 22(2) (b) of the constitution does allow an individual or group of individuals to institute court proceedings claiming breach of a right or fundamental freedom in the Bill of Rights and therefore the petitioners were entitled to bring these proceedings on behalf of all the other community members.
  8. The Kenya Forest Service Board as the manager and custodian of state forests, was expected under the doctrine of public trust, embodied under Article 10 of the Constitution which provided for National values and principles of governance, to ensure there was sustainable development of forests in Kenya for the benefit of all citizens.
  9. The issues raised in the Petition were of great public interest as they revolved around alleged community land rights where the land in issue was a gazetted forest and therefore public land under Article 62(1) (g) of the Constitution. The Court was therefore being called upon to consider and weigh the interests of the Petitioners as members of one indigenous community in Kenya against the wider public interest and the needs of environmental conservation in Kenya.
  10. Although enacted before the Constitution, the Environmental Management and Coordination Act defined sustainable development at section 2 as development that met the needs of the present generation without compromising the ability of future generations to meet their needs by maintaining the carrying capacity of the supporting ecosystems, Protection and conservation of forests and the environment, in general it was therefore at the core of sustainable development.
  11. Article 69(2) of the Constitution obligates every person to co-operate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. In view of the fact that there were many other communities in Kenya with similar historical claims which might have been vested in the public, the Petition if allowed would only benefit the Petitioners at the expense of the wider public who benefit from the forest.
  12. Ngong Hills Forest had not been degazetted as such and its boundaries had not been varied to make it available for alienation to the Petitioners. The petitioners ought to have petitioned the Minister through the Kenya Forest Service Board to consider whether any basis existed to have the Ngong Hills Forest degazetted to accommodate their interests. The Forest Act provided a procedure and mechanism for community participation in forest management under section 46 of the Forest Act but did not make provision for individualized ownership of land that had been brought under the operation of the Act.
  13. The petitioners claim to the land was predicated on what the petitioner’s claimed historical injustices that were visited on the community by the colonial masters who required that they move out of what they claim were ancestral lands to pave way for white settlement. The High Court would not have been the right forum for the petitioners to ventilate their claim which was founded on historical injustices.
  14. The National Land Commission had the mandate to investigate into historical land injustices and make appropriate recommendations for redress. The High Court was not the appropriate organ to carry out the investigation and/or inquiry and where the law had made provision for a state organ or institution to carry out a specific function that institution should be allowed to carry out its mandate.  The court should not usurp the roles of other state institutions.
  15. It was premature on the part of the petitioners to come to court without either exhausting the process of obtaining a degazettment of Ngong Hills Forest as a state forest under the provisions of the Forest Act and/or having the National Land Commission exercise its mandate under Article 67(2) (e) of the Constitution.

Petition dismissed

 

Cases

East Africa

  1. Aloggoh, Rashid Odhiambo & 245 others v Haco Industries Civil Appeal No 110 of 2001 – (Explained)
  2. Anarita Karimi Njeru v Republic (1976-1980) 1 KLR 1272 – (Followed)
  3. Kenya Medical Research Institute v Attorney General & 3 others Petition No 31 of 2013 – (Explained)
  4. Lemeiguran, Rangal & others v Attorney General & others Miscellaneous Civil Application 305 of 2004 – (Mentioned)
  5. Matemu, Mumo v Trusted Society of Human Rights Alliance & 5 others Civil Appeal No 290 of 2012 – (Followed)
  6. Mukhisa Biscuits Manufacturing Company Ltd v West End Distributors Ltd (1969) EA 696 – (Explained)
  7. Ngonga, Samson Onyango v Public Service Commission & 5 others Petition No 459 of 2011(Mentioned)
  8. Njoya & 6 others v Attorney General & another (2004) AHRLR 157 (KeHC 2004) – (Mentioned)
  9. Owners of Motor Vessel "Lilian S" v Caltex Oil Kenya Ltd (1989) KLR 1 – (Explained)
  10. R v Attorney General & another Ex parte Samuel Kazungu Kambi Petition 47 of 2010 – (Mentioned)
  11. Sangani Investment Ltd v Officer in Charge Remand and Allocation Prison Miscellaneous Application No 99 of 2006 – (Mentioned)
  12. Trusted Society of Human Rights Alliance v Attorney General & 2 others Petition No 229 of 2012 – (Explained)
  13. United States International University v Attorney General [2012] 2 KLR 357 – (Mentioned)

Australia

1. Mabo & another v State of Queensland and another (1988) HCA 69; (1989) 166 CLR 186 – (Mentioned)

Statutes

East Africa

  1. Constitution of Kenya, 2010 articles 10,(2); 22(1); 23(1); 40; 42; 62(1)(b)(g); 63(1)(2); 67(1)(2)(e); 69,(1); 70; 162(1),(2)(3)(4); 165(3),(4),(5)(b); 260 – (Interpreted)
  2. Environment and Land Court Act, 2011(Act No 19 of 2011) sections 4,13,(2)(3); 30 – (Interpreted)
  3. Forest Act, 2005 (Act No 7 of 2005) sections 4, 20, 46 – (Interpreted)
  4. Environmental Management and Co-ordination Act (cap 387) section 2 – (Interpreted)

India

  1. Land Acquisition Act [1894] INDIA - (Interpreted)

International Instruments

  1. United Nations Declaration on the Rights of Indigenous People (UNDRIP), 2007

Advocates: None Mentioned

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Zachary Ndungu Kangethe V Joyce Muthoni Ngugi & 4 Others [2015] eKLR

Case Number: ELC Suit 829 of 2013 (O S) Date Delivered: 15 Apr 2015

Judge: Pauline Nyamweya

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Zachary Ndungu Kangethe v Joyce Muthoni Ngugi, Ndungu Ngugi, John Ngugi, Njoroge Ngugi & James Ngugi

Citation: Zachary Ndungu Kangethe V Joyce Muthoni Ngugi & 4 Others [2015] eKLR

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John Maina Thiongo V John Karuntimi Kiambati [2015] eKLR

Case Number: Civil Appeal 13 of 2015 Date Delivered: 14 Apr 2015

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: John Maina Thiongo v John Karuntimi Kiambati

Citation: John Maina Thiongo V John Karuntimi Kiambati [2015] eKLR

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL APPEAL NO. 13 OF 2015

JOHN MAINA THIONGO.........................................................................APPELLANT

VERSUS

JOHN KARUNTIMI KIAMBATI............................................................RESPONDENT

 

R U L I N G

          This application is dated 24th March 2015 and seeks orders;

  1. THAT this application is certified as very urgent and the same be heard as a matter of priority.
  2. THAT the Honourable court be pleased to order stay of execution of the judgment and decree dated 6.3.2015 pending the hearing and determination of this application.
  3. THAT the Honourable court be pleased to order stay of execution of the judgment and decree dated 6.3.2015 pending the hearing and determination of this appeal.
  4. THAT costs for and incidental to this application be borne by the respondent.

          It has the following grounds

  1. THAT the appellant has an arguable appeal which has overwhelming chances of success.
  2.  THAT if the stay is not granted the appellant shall be evicted rendering  the appeal nugatory and useless.
  3. THAT the respondent shall not be prejudiced since the appellant has occupied a portion of plot No. Meru Municipality block 11/329 for well over 20 years.
  4. THAT the appellant shall be prejudiced if the stay is not granted as he  will be evicted from his plot before he exhausts all legal avenues.

          When the application was heard exparte on 14.4.2015, Mr. Gichunge for the applicant told the court that he was relying on the grounds on the face of the application and also on the applicant's supporting affidavit sworn on 24.3.2015.  He proffered to the court that the applicant's interest on the suit property can be valued at over Kshs.20,000,000/=.

          I have considered the issues raised herein and I am inclined to grant a stay of execution.  This is in accordance with Order 42 Rule 2 of the Civil Procedure Rules which says:

                   42 (2)          No order of stay of execution shall be  made under sub-rule (1) unless:

(a)     the court is satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay; and

(b)    Such security as the court orders for the performance of such decree or order as may ultimately be binding on him has been given by the applicant.

          I am satisfied that substantial loss may befall the applicant if stay of execution is not granted. I am also satisfied that this application has been made without unreasonable delay.  I, therefore, direct as follows:

  1. An order of stay of execution of the judgment dated 6.3.2015 and any consequent decree is granted on condition that the applicant deposits with court as security the sum of Kshs.2,000,000/- within 14 days of today, failing which the order of stay of execution of the judgment will lapse.
  2. Mention to confirm compliance with Order 1 above on 28.4.2015.

Delivered and dated at Meru this 14th day of April, 2015 in the presence of:

Cc. Daniel

Gichunge for the applicant

P. M. NJOROGE

JUDGE

 

 

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Madhukar Dilsukhrai Vibhakar V Jim Ogoyi Opee & 5 Others [2015] eKLR

Case Number: ELC 176 of 2013 Date Delivered: 14 Apr 2015

Judge: Anne Omollo

Court: High Court at Mombasa

Parties: Madhukar Dilsukhrai Vibhakar v Jim Ogoyi Opee, Odhiambo Hannington Phares, David K. Kandie, Geoffrey Gichuhu Gatu, Kiprotich Korir & Registrar of Titles Mombasa

Citation: Madhukar Dilsukhrai Vibhakar V Jim Ogoyi Opee & 5 Others [2015] eKLR

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Zachary Mwangi Kariuki V Republic [2015] eKLR

Case Number: Miscelleneous Criminal Application 52 of 2015 Date Delivered: 14 Apr 2015

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Zachary Mwangi Kariuki v Republic

Citation: Zachary Mwangi Kariuki V Republic [2015] eKLR

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Michael Murage Njuge V Joseph Gathanwa Njunge [2015] eKLR

Case Number: ELC 57 of 2015 Date Delivered: 14 Apr 2015

Judge: Lucy Waithaka

Court: High Court at Nyeri

Parties: Michael Murage Njuge v Joseph Gathanwa Njunge

Citation: Michael Murage Njuge V Joseph Gathanwa Njunge [2015] eKLR

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Shahto Yasaf V Republic [2015] eKLR

Case Number: Criminal Revision 55 of 2015 Date Delivered: 14 Apr 2015

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Shahto Yasaf v Republic

Citation: Shahto Yasaf V Republic [2015] eKLR

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Lutheran Services Florida Inc V Director Of Medical Services & 2 Others [2015] eKLR

Case Number: Miscellaneous Petition 40 of 2015 Date Delivered: 14 Apr 2015

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Lutheran Services Florida Inc v Director of Medical Services, Kenya Board of Mental Health & Barclays Bank of Kenya

Citation: Lutheran Services Florida Inc V Director Of Medical Services & 2 Others [2015] eKLR

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Athman Juma Mwakuandika V Martha Wangui Muriithi & Another [2015] eKLR

Case Number: Civil Case 218 of 2004 Date Delivered: 14 Apr 2015

Judge: Anne Omollo

Court: High Court at Mombasa

Parties: Athman Juma Mwakuandika v Martha Wangui Muriithi & Elijah Waichanguru Muriithi

Citation: Athman Juma Mwakuandika V Martha Wangui Muriithi & Another [2015] eKLR

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Bernard Mpiuki Gatumo & Another V Catherine M. Kamundi & Another [2015] eKLR

Case Number: Civil Case 94 of 2008 Date Delivered: 13 Apr 2015

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Bernard Mpiuki Gatumo & Lawrence Kamundi Gichunge v Catherine M. Kamundi & Dominic Kirimi Gichunge

Citation: Bernard Mpiuki Gatumo & Another V Catherine M. Kamundi & Another [2015] eKLR

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Lawrence Muriithi Macharia V Republic [2015] eKLR

Case Number: Criminal Revision 6 of 2014 Date Delivered: 13 Apr 2015

Judge: Jairus Ngaah

Court: High Court at Nyeri

Parties: Lawrence Muriithi Macharia v Republic

Citation: Lawrence Muriithi Macharia V Republic [2015] eKLR

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James Mwangi Gikaria V Lucy Nyawira Gichuhi & 3 Others [2015] eKLR

Case Number: Succession Cause 624 of 2008 Date Delivered: 13 Apr 2015

Judge: Jairus Ngaah

Court: High Court at Nyeri

Parties: James Mwangi Gikaria v Lucy Nyawira Gichuhi, Rahab Wangechi Kiragu, Elizabeth Wanjiru Thuni & Simon Theuri Gikaria

Citation: James Mwangi Gikaria V Lucy Nyawira Gichuhi & 3 Others [2015] eKLR

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Purity Wambui Kabugi V Republic [2015] eKLR

Case Number: Criminal Case 3 of 2015 Date Delivered: 13 Apr 2015

Judge: Jairus Ngaah

Court: High Court at Nyeri

Parties: Purity Wambui Kabugi v Republic

Citation: Purity Wambui Kabugi V Republic [2015] eKLR

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Said Tahir & 2 Others V County Government Of Mombasa & 5 Others [2015] eKLR

Case Number: Petition 6 of 2015 Date Delivered: 13 Apr 2015

Judge: Mathew John Anyara Emukule

Court: High Court at Mombasa

Parties: Said Tahir, Steven Ogwapit, Hubert Seifert as Officials of New Nyali Residents Association v County Government of Mombasa, Francis Thoya Chief Executive Land Planning & Housing County Government of Mombasa, Director of Town Planning & Architecture, County Governmetn of Mombasa, National Environment Management Authority, Fuad Mahmoud Mohamed & Hydro Luxurious Apartment Ltd

Citation: Said Tahir & 2 Others V County Government Of Mombasa & 5 Others [2015] eKLR

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Dan Ouya Kodwar V Samwel Otieno Odwar [2015] eKLR

Case Number: Succession Cause 142 of 2015 Date Delivered: 13 Apr 2015

Judge: David Shikomera Majanja

Court: High Court at Migori

Parties: Dan Ouya Kodwar v Samwel Otieno Odwar

Citation: Dan Ouya Kodwar V Samwel Otieno Odwar [2015] eKLR

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Daniel Njuguna Mwicigi V Republic [2015] eKLR

Case Number: Criminal Case 89 of 2014 Date Delivered: 13 Apr 2015

Judge: Stella Ngali Mutuku

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Daniel Njuguna Mwicigi v Republic

Citation: Daniel Njuguna Mwicigi V Republic [2015] eKLR

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Rahim Ahmed Lalji & 4 Others V Republic [2015] eKLR

Case Number: Misc. Criminal Case 73 of 2003 Date Delivered: 13 Apr 2015

Judge: Martin Muya

Court: High Court at Mombasa

Parties: Rahim Ahmed Lalji, Nayer Gurdeep Singh, Ahmed Hasham Lalji, B. Ajit Kumar Patro, Kivindu Kioko v Republic

Citation: Rahim Ahmed Lalji & 4 Others V Republic [2015] eKLR

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Republic V Rashid Bakari Juma & Another [2015] eKLR

Case Number: Criminal case 38 of 2013 Date Delivered: 13 Apr 2015

Judge: Martin Muya

Court: High Court at Mombasa

Parties: Republic v Rashid Bakari Juma & Yusuf Abdukarir Soud

Citation: Republic V Rashid Bakari Juma & Another [2015] eKLR

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John Gatu Nderitu V Kenya Commercial Bank Ltd [2015] eKLR

Case Number: Civil Application Nyr 2 of 2015 Date Delivered: 13 Apr 2015

Judge: Martha Karambu Koome

Court: Court of Appeal at Nyeri

Parties: John Gatu Nderitu v Kenya Commercial Bank Ltd

Citation: John Gatu Nderitu V Kenya Commercial Bank Ltd [2015] eKLR

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Raphael Orwaru Makori V Nickson Wandabi [2015] eKLR

Case Number: Land Case 19 of 2015 Date Delivered: 13 Apr 2015

Judge: Elija Ogoti Obaga

Court: Environment and Land Court at Kitale

Parties: Raphael Orwaru Makori v Nickson Wandabi

Citation: Raphael Orwaru Makori V Nickson Wandabi [2015] eKLR

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Stephen Njoroge & 5 Others V James Gachuhi Kariuki & 2 Others [2015] eKLR

Case Number: Succession Cause 83 of 2006 Date Delivered: 10 Apr 2015

Judge: Margaret Waringa Muigai

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Stephen Njoroge & 5 Others v James Gachuhi Kariuki & 2 Others

Citation: Stephen Njoroge & 5 Others V James Gachuhi Kariuki & 2 Others [2015] eKLR

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Kihagi Mathenge Muriuki V Patricia Margaret Muriuki & 2 Others [2015] eKLR

Case Number: Succession Cause 765 of 1994 Date Delivered: 10 Apr 2015

Judge: Margaret Waringa Muigai

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Kihagi Mathenge Muriuki v Patricia Margaret Muriuki, Thomas Kihagi Muriuki & Paul Mwangi Kariuki

Citation: Kihagi Mathenge Muriuki V Patricia Margaret Muriuki & 2 Others [2015] eKLR

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John Kimutai Yego V Pyrethrum Board Of Kenya [2015] eKLR

Case Number: Cause 187 of 2014 Date Delivered: 10 Apr 2015

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nakuru

Parties: John Kimutai Yego v Pyrethrum Board Of Kenya

Citation: John Kimutai Yego V Pyrethrum Board Of Kenya [2015] eKLR

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Antony Munene Maina V University Of Nairobi & Another [2015] eKLR

Case Number: Misc. Civil Application 111 of 2015 Date Delivered: 10 Apr 2015

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Antony Munene Maina v University of Nairobi & Students Organisation of the University of Nairobi (S.O.N.U)

Citation: Antony Munene Maina V University Of Nairobi & Another [2015] eKLR

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George Kamande Wainaina V Bank Of Baroda (K) Limited & Another [2015] eKLR

Case Number: Environment and Land Case 242 of 2014 Date Delivered: 10 Apr 2015

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: George Kamande Wainaina v Bank of Baroda (K) Limited & Sportlight Intercepts Kenya Limited

Citation: George Kamande Wainaina V Bank Of Baroda (K) Limited & Another [2015] eKLR

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Richard Kiplimo Koech V Yako Supermarket Ltd [2015] eKLR

Case Number: Cause 119 of 2014 Date Delivered: 10 Apr 2015

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nakuru

Parties: Richard Kiplimo Koech v Yako Supermarket Ltd

Citation: Richard Kiplimo Koech V Yako Supermarket Ltd [2015] eKLR

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John Otieno Odongo V Gohar Glass Mart [2015] eKLR

Case Number: Cause 15 of 2014 Date Delivered: 10 Apr 2015

Judge: Maureen Onyango Atieno

Court: Employment and Labour Relations Court at Kisumu

Parties: John Otieno Odongo v Gohar Glass Mart

Citation: John Otieno Odongo V Gohar Glass Mart [2015] eKLR

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Wachira Bernard & Another V Kihara Kangethe & Another [2015] eKLR

Case Number: Elc. Case 138 of 2014 Date Delivered: 10 Apr 2015

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Wachira Bernard & John Kariuki v Kihara Kangethe & City Council Of Nairobi

Citation: Wachira Bernard & Another V Kihara Kangethe & Another [2015] eKLR

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