Republic v Land Settlement Fund Board of Trustees; Tom Ayatta & 3 others exparte [2019] KEELC 1478 (KLR)
- Court
- Environment & Land Court
- Case number
- 1478
- Citation
- [2019] KEELC 1478 (KLR)
- Decided
- 17 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureEx-parte application for prohibition and mandamusCoramG.M.A. Ongondo
Holding
The court finds that the eviction violates the applicants' constitutional rights and grants the orders of prohibition, mandamus, and costs.
Facts
The applicants claim that they have lived on the land since the 1930s and that their father gave a portion of the land to Lala Secondary School without compensation. The school issued an eviction notice, but the applicants have not been compensated.
Issues
- Eviction of applicants from the land
- Compensation for the land
- Subdivision of the land
Reasoning
The court holds that the intended eviction is not in accordance with Article 152A of the Constitution and is unprocedural and illegal. The applicants are entitled to the reliefs sought.
Outcome
In favor of the applicants
Orders
- Order of prohibition against eviction
- Order of mandamus compelling the board to pay compensation
- Order of costs awarded to the applicants
Remedies
- Prohibition of eviction
- Compensation for the land
- Subdivision of the land
Authorities cited
Legislation (3)
- Land Registration Act 2016
- Land Act 2012
- Constitution of Kenya 2010
Cases cited (3)
- Republic v Kenya Revenue Authority ex-parte Yaya Tours Ltd (2008) eKLR
- Sceneries Ltd v National Land Commission (2017) eKLR
- Kirugi & another v Kabiya & 3 others (1987) eKLR
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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