George M Kimani v County Government of Kiambu & 2 others [2021] KEELC 2471 (KLR)
- Court
- Environment & Land Court
- Case number
- 2471
- Citation
- [2021] KEELC 2471 (KLR)
The Court finds and holds that the 1st Respondent's actions violated the Petitioner's rights and grants a declaration and prohibition order.
Facts
Petitioner George M Kimani claimed that County Government of Kiambu and Dominic Mbugua Kiranga trespassed onto and unilaterally acquired his property, known as Escarpment /Kinari Block 1/2763, for public use on December 20, 2018. The Petitioner alleged violations of his constitutional rights to own and use his property, natural justice, and fair administrative action.
Issues
- Arbitrary unilateral acquisition of property
- Violation of natural justice
- Violation of fair administrative action
- Trespassing and invasion of property
Reasoning
The Court found that the 1st Respondent's actions were without due process and violated the Petitioner's rights to natural justice and fair administrative action.
Outcome
Petitioner's Petition is merited against the 1st Respondent, and the case against the 2nd Respondent is dismissed.
Orders
- Declaration of violation of rights
- Prohibition order against 1st Respondent
- Costs to be borne by 1st Respondent
Remedies
- Declaration of violation of rights
- Prohibition order
Authorities cited
Legislation (2)
- Article 40 of the Constitution
- Article 47 of the Constitution
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