Kenya Anti-Corruption Commission & another v Francis Zaasita Kiptoo Menjo & 38 others [2017] KEELC 1612 (KLR)
- Court
- Environment & Land Court
- Case number
- 1612
- Citation
- [2017] KEELC 1612 (KLR)
- Decided
- 21 September 2017
The application to enjoin the Board of Management of the Rift Valley Institute of Science and Technology and the National Land Commission is allowed. The National Land Commission is directed to deposit the sum of Kshs. 22,951,700 in court until the suit is heard and determined.
Facts
The Kenya Anti-Corruption Commission and the Rift Valley Development Trust filed a suit against Francis Zaasita Kiptoo Menjo and 37 others. The trust claimed that the defendants had fraudulently consolidated and subdivided land parcels, and sought a declaration that the transactions were fraudulent and for cancellation of all the entries.
Issues
- Fraudulent consolidation and subdivision of land parcels
- Enjoining the Board of Management of the Rift Valley Institute of Science and Technology as a defendant
- Enjoining the National Land Commission as an interested party
- Stopping payments to the Board of Management of the Rift Valley Institute of Science and Technology and the 3rd defendant until the suit is heard and determined
- Directing the National Land Commission to deposit the sum of Kshs. 22,951,700 in court until the suit is heard and determined
Reasoning
The court allowed the application to enjoin the Board of Management of the Rift Valley Institute of Science and Technology and the National Land Commission as they may have important information regarding the transactions and their involvement in the compulsory acquisition of land.
Outcome
The application is allowed.
Orders
- Enjoining the Board of Management of the Rift Valley Institute of Science and Technology as a defendant
- Enjoining the National Land Commission as an interested party
- Directing the National Land Commission to deposit the sum of Kshs. 22,951,700 in court until the suit is heard and determined
Remedies
- Deposit of the sum of Kshs. 22,951,700 in court until the suit is heard and determined
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