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County Government of Marsabit v Board of Management Badassa Mixed Secondary School & 2 others [2017] KEELC 160 (KLR)

[2017] KEELC 160 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
160
Citation
[2017] KEELC 160 (KLR)
Decided
24 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an order of the Environment and Land Court at MeruCoramHON. L. N. MBUGUA, C.A: Janet/Haway, Kiango for 1st and 2nd Defendants, Mwalimu for Plaintiff, Kithinji H/B for Halake for 3rd Defendant
Holding

The Court adopted the Consent Order and directed the 1st and 2nd Defendants to identify and allocate an alternate parcel of land measuring 100 acres in Jaldesa for use by the Plaintiff's Department of Agriculture and Livestock. In return, the Plaintiff agreed to transfer Plot No. 60 (the Suitland) from the Department of Agriculture and Livestock to the Department of Education, Science and Technology.

Facts

The County Government of Marsabit sought an alternate parcel of land measuring 100 acres in Jaldesa for use by the Department of Agriculture and Livestock. In return, the Plaintiff agreed to transfer Plot No. 60 (the Suitland) from the Department of Agriculture and Livestock to the Department of Education, Science and Technology.

Issues

  1. Transfer of land from Department of Agriculture and Livestock to Department of Education, Science and Technology
  2. Identification and allocation of an alternate parcel of land in Jaldesa

Reasoning

The Court adopted the Consent Order as it was in the best interest of the parties and aligned with the provisions of the Land Act.

Outcome

The Consent Order was adopted by the Court.

Orders

  • The 1st and 2nd Defendants shall identify and allocate an alternate parcel of land measuring 100 acres in Jaldesa for use by the Plaintiff's Department of Agriculture and Livestock.
  • The Plaintiff shall transfer Plot No. 60 (the Suitland) from the Department of Agriculture and Livestock to the Department of Education, Science and Technology.

Remedies

  • Transfer of land from Department of Agriculture and Livestock to Department of Education, Science and Technology
  • Identification and allocation of an alternate parcel of land in Jaldesa
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.
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