Stepehn Ngatia Mugo & 11 others v Commissioner of Prisons & another [2019] KEELC 4723 (KLR)
- Court
- Environment & Land Court
- Case number
- 4723
- Citation
- [2019] KEELC 4723 (KLR)
Summary at a glance
TypeLand Rights DisputePosturePetition for Declaratory Order and Permanent InjunctionCoramM.C. OUNDO
The Petitioners are entitled to the parcels of land registered in their names, and a permanent injunction is issued restraining the prisons Department from interfering with their exclusive possession and use of the land.
Facts
The Petitioners claim ownership of several parcels of land registered in their names, which they allege were unlawfully acquired by the Commissioner of Prisons. The land was registered in the name of the Settlement Funds Trustee in 1990, and subsequently subdivided.
Issues
- Petitioners' ownership of land
- Compulsory acquisition of land by the State
Reasoning
The court found that the Commissioner of Prisons violated the Petitioners' constitutional right to property by acquiring the land without lawful process and without fair and prompt compensation.
Outcome
Petition granted
Orders
- Petitioners are entitled to parcels of land registered in their names
- Permanent injunction against the prisons Department
Remedies
- Declaratory order
- Permanent injunction
Authorities cited
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