Edgar Kipsase Choge, Harry Jumbati Mbiti, Fred Ombiri, Colleta Inzayi (Suing on behalf of Kamobon Village Residents) v China Overseas Engineering Group Co. Ltd & 3 others [2017] KEELC 2113 (KLR)
- Court
- Environment & Land Court
- Case number
- 2113
- Citation
- [2017] KEELC 2113 (KLR)
- Decided
- 27 July 2017
The court granted the application for an injunction, ordering the defendants to cease their activities on the land and remove all material placed on it.
Facts
The plaintiffs are residents of Kamobon Village who claim to be affected by the activities of the defendants, who are a construction company and the County Government of Nandi. The defendants have allegedly entered, dug holes, crushed stones, and constructed on land parcel number NANDI/KAPSENGERE/1085, which is public land designated for grazing.
Issues
- Whether the plaintiffs have a prima facie case for an injunction.
- Whether the court has jurisdiction to hear the case.
- Whether the plaintiffs have locus standi to bring the suit on behalf of the residents of Kamobon Village.
Reasoning
The court found that the plaintiffs had a prima facie case for an injunction and that the court had jurisdiction to hear the case. The court also determined that the plaintiffs had locus standi to bring the suit on behalf of the residents of Kamobon Village.
Outcome
The application for injunction was granted.
Orders
- Temporary injunction restraining the 1st Defendant from entering, digging holes, crushing stones, erecting, constructing over land parcel number NANDI/KAPSENGERE/1085 and interfering with the plaintiffs' occupation, access, use, or quiet enjoyment of the land.
- Order directing the 1st Defendant to remove all material placed on land parcel number NANDI/KAPSENGERE/1085 and restore the parcel to its original state.
Remedies
- Injunction to prevent the defendants from interfering with the plaintiffs' use of the land.
- Removal of material and restoration of the land to its original state.
Authorities cited
Legislation (4)
- Article 42 of the Constitution
- Article 70 of the Constitution
- Environment and Land Court Act
- Constitutional and Judicial Review Division of the High Court Act
Cases cited (1)
- Giella vs Cassman Brown (1973) EA 358
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