Milkah Muthoni Wagoco v County Council of Kirinyaga & 2 others [2017] KEELC 2064 (KLR)
- Court
- Environment & Land Court
- Case number
- 2064
- Citation
- [2017] KEELC 2064 (KLR)
- Decided
- 16 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeProperty DisputePostureAppeal from a judgment of the High Court in NairobiCoramB.N. OLAO
Holding
Judgment for the Petitioner in the following terms: a declaration, an order for removal of the caution, an order for delivery of the land, payment of damages, and costs.
Facts
The Petitioner, the administrator of the estate of the late WAGOCO KABINGA, seeks a declaration that the County Council of Kirinyaga and the Attorney General have violated her husband's right to property and her own rights under the Constitution. She also seeks orders for the removal of a caution from the land and for the delivery of the land to her.
Issues
- Contravention of the right to property under Sections 75 and 82 of the former Constitution and Article 40 (1) and (3) of the current Constitution.
- Violation of the right to an expeditious, efficacious, lawful, reasonable and procedurally fair administrative action under Article 47 of the Constitution.
- Removal of a caution from land parcel No. KIRINYAGA/GATHIGIRIRI/151.
- Delivery of the land parcel No. KIRINYAGA/GATHIGIRIRI/151 to the Petitioner.
- Payment of general and exemplary damages.
- Payment of the Petitioner's costs of the petition.
Reasoning
The court found that the Respondents had violated the Petitioner's rights to property and administrative action, and ordered the removal of the caution and delivery of the land.
Outcome
Judgment for the Petitioner
Orders
- A declaration that the Respondents have contravened the Petitioner’s right to property.
- A declaration that the 1st and 2nd Respondents have contravened the Petitioner’s rights under Article 47 of the Constitution.
- An order that the 2nd Respondent do remove the caution.
- An order that the 1st and 3rd Respondents do give the Petitioner vacant possession of land parcel No. KIRINYAGA/GATHIGIRIRI/151.
- An order that the Respondents do pay to the Petitioner general damages.
- An order that the Respondents do pay the Petitioner exemplary damages.
- The Respondents shall meet the Petitioner's costs of this petition.
Remedies
- Declaration of violation of rights.
- Removal of caution.
- Delivery of land.
- Payment of damages.
- Payment of costs.
Authorities cited
Legislation (3)
- Sections 75 and 82 of the former Constitution.
- Article 40 (1) and (3) of the current Constitution.
- Article 47 of the Constitution.
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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