Dullo & 3 others v Cabinet Secretary Ministry of Lands and Physical Planning; County Government of Isiolo (Interested Party) (Petition 28 of 2019) [2020] KEELC 3230 (KLR) (26 February 2020) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3230
- Citation
- [2020] KEELC 3230 (KLR)
- Decided
- 26 February 2020
The court declines to grant the conservatory order at this stage due to the need to consider the full facts of the dispute, including the nature and extent of the amended notice.
Facts
The petitioners are seeking an interim conservatory order to halt the adjudication process of community land in Isiolo county pursuant to Legal Notice No. 150 of 2019. The County Government of Isiolo claims that the notice has been amended, and the petitioners have responded to this by stating there was a confusion between County Assembly and Community Assembly.
Issues
- Validity of the adjudication process
- Public participation
- Jurisdiction
- Applicable law
- Amendment of the notice
Reasoning
The court notes that it is not seized of all the full facts at this interlocutory stage and that the adjudication process affects the entire county. The court also notes that the parties have already taken directions on how the application shall be canvassed.
Outcome
The petitioners' prayer for a conservatory order is denied.
Orders
- Decline to grant prayer 3 in the application at this stage
Authorities cited
Legislation (2)
- Community Land Act, 2016
- Constitution of Kenya
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