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Kenya Anti-Corruption Commission & another v Francis Zaasita Kiptoo Menjo & 38 others [2017] KEELC 1612 (KLR)

[2017] KEELC 1612 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1612
Citation
[2017] KEELC 1612 (KLR)
Decided
21 September 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trial judgmentCoramMUNYAO SILA
Holding

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

  1. Fraudulent consolidation and subdivision of land parcels
  2. Enjoining the Board of Management of the Rift Valley Institute of Science and Technology as a defendant
  3. Enjoining the National Land Commission as an interested party
  4. 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
  5. 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
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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