John Ochieng Maricus v County Government of Migori & 2 others; Mwembe & Mwembe Associates & another (Interested Parties) [2021] KEELC 2379 (KLR)

Facts

The petitioner, John Ochieng Maricus, is suing as the Administrator of the Estate of Maricus Oseta Murama. He claims that the County Government of Migori and its officials constructed buildings on the suit land without following the correct procedure for compulsory land acquisition. The respondents argue that the land was already allocated as public land in the 1970s and that the construction was for public utility.

Issues

1. Whether the petitioner has made out a case to warrant grant of conservatory orders over the suit land.
2. Whether the petition raises weighty matters of substantial questions of law which warrant the file to be placed before the Chief Justice for empanelment of an uneven number of Judges.

Reasoning

The court found that the allegations of compulsory acquisition were false and misleading, and that the construction was for public utility. The petitioner's application lacks merit.

Outcome

Dismissed with costs

Authorities cited