James Gichure Kionga v Patrick Njogu Michanjo & another [2015] KEELC 302 (KLR)

Facts

The plaintiff purchased a residential plot in Naivasha in 1986 and discovered in 2011 that the plot had been transferred to the 1st defendant by the Naivasha Municipal Council. The plaintiff sought a declaration that the plot belongs to him and that the transfer be nullified.

Issues

1. Whether the Transition Authority should be struck out of the suit
2. Whether the plaintiff's claim for a declaration that the plot belongs to him and the nullification of the transfer should be allowed

Reasoning

The Transition Authority was improperly enjoined as defendants since their mandate does not cover overseeing of private property. The plaintiff's concession to the application and the substitution of the County Government of Nakuru for the Transition Authority were accepted.

Outcome

The Transition Authority is struck out of the suit, and the plaintiff's claim for a declaration that the plot belongs to him and the nullification of the transfer is allowed.