Council of Governors v Cabinet Secretary, Ministry of Lands Housing & National Planning & another (Civil Appeal 217 of 2018) [2023] KECA 760 (KLR) (22 June 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 760
- Citation
- [2023] KECA 760 (KLR)
- Decided
- 22 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of the Environment & Land CourtCoramF. Sichale, L. Achode, Mwaniki Gachaka
Holding
The appeal is dismissed as there is no merit in the appeal and the preliminary objection is upheld.
Facts
The Council of Governors filed a petition against the Cabinet Secretary, Ministry of Lands Housing & National Planning, alleging that the Secretary had dissolved all Land Control Boards without their consultation, claiming that regulation of agricultural land transactions is an exclusive function of the County Government.
Issues
- Whether the dissolution of Land Control Boards by the Cabinet Secretary was in violation of the Land Control Act
- Whether the Land Control Act provides for a dispute resolution mechanism for the dispute between the Council of Governors and the Cabinet Secretary
Reasoning
The Court found that the Land Control Act provides for a dispute resolution mechanism and that the appellant's claim was based on a power tussle with the 1st respondent.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed
- Each party shall bear its own costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…