Joseph M. Kurui & 4 others v Ministry of Forestry & Wildlife & 3 others [2017] KEELC 3724 (KLR)
- Court
- Environment & Land Court
- Case number
- 3724
- Citation
- [2017] KEELC 3724 (KLR)
- Decided
- 25 January 2017
The court finds that the petitioners have failed to demonstrate who was a bogus squatter and who was the genuine squatter, but acknowledges that a squatter is a squatter.
Facts
Petitioners claim to be squatters in Kipkunur/Kewabus Forest, excluded from the Government Resettlement of Squatters Programme for Marakwet East District in 2009. They seek to enforce their rights under Article 22 of the Constitution of Kenya, 2010.
Issues
- Whether the petitioners have established a violation of their fundamental rights under Article 22 of the Constitution of Kenya, 2010.
- Whether the petitioners have adequately pleaded their case to allow the court to determine the nature of the claims and provide an appropriate remedy.
Reasoning
The court applies the principles established in Anarita Karimi Njeru v Republic (No. 1) and Mumo Matemu v Trusted Society of Human Rights Alliance Civil Appeal No. 290 of 2012 to determine that the petitioners have not adequately pleaded their case to allow the court to determine the nature of the claims and provide an appropriate remedy.
Outcome
The appeal is dismissed.
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- Section 84(1) of the repealed Constitution
Cases cited (2)
- Anarita Karimi Njeru v Republic (No. 1)
- Mumo Matemu v Trusted Society of Human Rights Alliance Civil Appeal No. 290 of 2012
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