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Sirikwa Squatters Group v Commissioner of Lands & 9 others [2017] KEELC 3638 (KLR)

[2017] KEELC 3638 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3638
Citation
[2017] KEELC 3638 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutionalPosturePetition for Constitutional RemedyCoramCLR Deanne, KLR Nyamu, Land, Nyamu, R.
Holding

The court finds that the petitioners do not have a legitimate expectation to acquire the property and that their constitutional rights were not violated.

Facts

The petitioners claim to be squatters who have been in occupation of the land parcels since the early 1920s. The land was originally registered under the Registration of Titles Ordinance and later transferred to various companies. The petitioners claim they have a legitimate expectation to own the land based on their long-term occupation and efforts to be settled.

Issues

  1. Whether the petitioners had a legitimate expectation to acquire and be allocated the property
  2. Whether the petitioners' constitutional rights were violated

Reasoning

The court confirms the history of the land titles and transfers, noting that the land was originally registered under the Registration of Titles Ordinance and later transferred to various companies. The court finds that the petitioners do not have a legitimate expectation to acquire the property based on their long-term occupation.

Outcome

The petition is dismissed.

Authorities cited

Legislation (2)
  • Registration of Titles Ordinance Cap 160
  • Registered Land Act
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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