Isaac Kipleting Kibitok v Secretary Board of Governors Cherangany Primary School & 2 others [2020] KEELC 3566 (KLR)
- Court
- Environment & Land Court
- Case number
- 3566
- Citation
- [2020] KEELC 3566 (KLR)
- Decided
- 10 February 2020
The petition is dismissed as the petitioner's claim is not precise and lacks adequate particulars of allegations of violation of his rights and the manner in which those rights have been infringed.
Facts
The petitioner, Isaac Kipleting Kibitok, alleges that the respondents, the Secretary Board of Governors Cherangany Primary School and the Principal Secretary Ministry of Education, have arbitrarily deprived him of his ownership of 12 acres of land since 1970. He claims false promises of compensation by the respondents have not been fulfilled.
Issues
- Whether the petition meets the threshold for the grant of orders in a Constitutional Petition as laid down in Anarita Karimi Njeru vs Republic (1976-1980) KLR 1272.
- Whether the petitioner's claim is time-barred.
- Whether the petitioner's constitutional rights have been violated.
- What orders should issue?
Reasoning
The court found the petition lacking in precision and particulars, thus failing to meet the threshold for a constitutional petition as set out in Anarita Karimi Njeru vs Republic (1976-1980) KLR 1272.
Outcome
Petition dismissed
Authorities cited
Legislation (1)
- Constitution of Kenya, 2010
Cases cited (3)
- Anarita Karimi Njeru vs Republic (1976-1980) KLR 1272
- Mumo Matemu vs Trusted Society of Human Rights Alliance & 5 Others [2013] eKLR
- Northern Nomadic Persons Organization (NONDO) vs Governor County Government of Garissa & Another 2013 eKLR
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