Raphael Menza & others v County Executive Committee Mermber, Land & Energy, Housing, Urban Development & Physical Planning & 2 others [2017] KEELC 2695 (KLR)
- Court
- Environment & Land Court
- Case number
- 2695
- Citation
- [2017] KEELC 2695 (KLR)
- Decided
- 16 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramJ.O. OLOLA
Holding
The Court restrained and barred the Defendants from having any dealings with the land in Mibuyu Saba Second, Third Rows and Adjacent Squatter Formalisation until the hearing and determination of the application.
Facts
Raphael Menza, Lenox Ngala, and Jeremiah Kithi, representing the Mibuyu Saba 2nd, 3rd Rows and Adjacent Areas Squatter Formalisation Scheme, filed a civil suit against the County Executive Committee Member, Land & Energy, Housing, Urban Development & Physical Planning, and two others.
Issues
- The Plaintiffs claim that the County Government has no right to dissolve the Mibuyu Saba Community Based Organisation's committee.
- The Plaintiffs argue that the County Government's actions are likely to lead to a breach of the peace as residents do not understand the reasons behind the dissolution of the committee.
Reasoning
The Court found that the Plaintiffs have the sole jurisdiction to deal with plots in their area of jurisdiction and that the County Government's actions are unauthorized.
Outcome
The Plaintiffs' application was granted.
Orders
- Restraining and barring the Defendants from having any dealings with the land in Mibuyu Saba Second, Third Rows and Adjacent Squatter Formalisation until the hearing and determination of the application.
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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