Okiya Omtatah Okoiti v Ministry of Lands & Physical Planning & 6 others [2021] KEELC 1765 (KLR)
- Court
- Environment & Land Court
- Case number
- 1765
- Citation
- [2021] KEELC 1765 (KLR)
- Decided
- 1 October 2021
The court allows the petition to enjoin the KWS and other respondents, and allows the petitioner to file an amended petition.
Facts
The petitioner, Okiya Omtatah Okoiti, seeks to enjoin the Kenya Wildlife Service (KWS) and other respondents from proceeding with the compulsory acquisition of a land parcel in Maoko Constituency, Machakos County. The petitioner alleges that the government has failed to offer pre-emptive rights to the original owners or their successors in title.
Issues
- Contempt of court for issuing a title deed to KWS
- Joinder of additional petitioners and respondents
- Compulsory acquisition of land and pre-emptive rights
Reasoning
The court rules that the petitioner has the right to enjoin the KWS and other respondents, and that the petitioner should file an amended petition.
Outcome
The court allows the petition partially, enjoining the KWS and other respondents and allowing the petitioner to file an amended petition.
Orders
- Enjoin the KWS and other respondents from proceeding with the compulsory acquisition of the land
- Enjoin the petitioner to file an amended petition within 14 days
- Allow the petitioner to be joined as a co-petitioner in the proceedings
- Allow the petitioner to be joined as a respondent in the proceedings
Remedies
- Enjoin the KWS and other respondents from proceeding with the compulsory acquisition of the land
- Allow the petitioner to be joined as a co-petitioner in the proceedings
- Allow the petitioner to be joined as a respondent in the proceedings
Authorities cited
Legislation (3)
- Land Act No. 6 of 2012
- Repealed Land Acquisition Act (Cap 295)
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
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