Flamingo Horticulture Kenya Limited & 3 others v White Eagle Self Help Group & 5 others [2021] KEELC 2735 (KLR)
- Court
- Environment & Land Court
- Case number
- 2735
- Citation
- [2021] KEELC 2735 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironmental Land CasePostureAppeal from the original trialCoramD. O. OHUNGO
Holding
The County Assembly of Nakuru's resolution is declared unlawful and unconstitutional
Facts
Petitioners are limited liability companies that are lessees of the government of Kenya for parcels of land known as LR No. 10854/309 and 10854/307. The respondents are a Self Help Group and the County Assembly of Nakuru.
Issues
- Validity of the County Assembly of Nakuru's resolution to compel hotels to open up public access corridors around Lake Naivasha
- Right to property and fair administrative action
Reasoning
The court found that the resolution violated the petitioners' right to property and fair administrative action.
Outcome
Affirmed
Orders
- Order of certiorari issued removing into the court and quashing the resolution/motion passed by the County Assembly of Nakuru on 10th July 2018
- An order of certiorari is issued removing into this court and quashing the resolution/motion passed by the County Assembly of Nakuru on 10th July 2018
Remedies
- Quashing of the County Assembly of Nakuru's resolution/motion
Authorities cited
Legislation (2)
- Article 40 of the Constitution
- Article 47 of the Constitution
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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