Ibrahim Mohamud Ibrahim & another v Kenya Wildlife Service & 4 others; Ibrahim Mohamed Youssuf (Interested Party) [2020] KEELC 831 (KLR)
- Court
- Environment & Land Court
- Case number
- 831
- Citation
- [2020] KEELC 831 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Injunction and DeclarationPostureAppeal from the decision of the National Environment Tribunal
Holding
The court lacks jurisdiction to hear the petition as it was not properly referred to the Mandera County Government or the National Environment Tribunal as required by the Wildlife Conservation and Management Act.
Facts
The petitioners seek an injunction to prevent construction within Malka Mari National Park, a declaration that the settlement of communities there is illegal, and an order for eviction and relocation.
Issues
- Whether the court has jurisdiction to hear the petition
- Whether the petitioners' rights have been infringed
- Who should bear the costs of the petition
Reasoning
The court held that the petitioners failed to follow the statutory dispute resolution mechanism provided in the Wildlife Conservation and Management Act, and thus the petition is defective.
Outcome
The petition is dismissed
Authorities cited
Legislation (2)
- Wildlife Conservation and Management Act No. 47 of 2013
- Devolution of Government Act
Cases cited (4)
- The Owners of Motor Vessel 'Lillian s' vs Caltex Oil Kenya Ltd (1989) K.L.R 1
- Samuel Kamau Macharia & Another vs Kenya Commercial Bank Limited & 2 Others (2012) e K.L.R
- Speaker of the National Assembly vs Karume (1990 – 1994) E.A. 549
- NAROK COUNTY COUNCIL VS TRANS MARA COUNTY COUNCIL (2000) 1 E.A. 161
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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