Moses Barkutwo & 3 others v District Land Adjudication & Settlement Officer Elgeyo-Marakwet County & another; Moses Barmoto & 11 others (Interested parties) [2021] KEELC 4161 (KLR)
- Court
- Environment & Land Court
- Case number
- 4161
- Citation
- [2021] KEELC 4161 (KLR)
- Decided
- 19 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and InjunctionPostureRespondents' preliminary objection to the petitionCoramJustice. M.J. Anyara Fmukule, Munyao, Stephen
Holding
The court has jurisdiction to hear the petition and the petitioners have not exhausted the remedies available to them.
Facts
The petitioners are challenging the legitimacy of the land adjudication process in Emsea/Chang'ach Adjudication section, alleging lack of public participation, no notice of the area being an adjudication area, and gender imbalance in the appointed committee.
Issues
- Whether the court lacks jurisdiction due to non-compliance with Section 30 of the Land Adjudication Act.
- Whether the petitioners have exhausted the remedies available to them under the Land Adjudication Act.
Reasoning
The court is guided by the remedies sought and the nature of the petition, which challenges the legitimacy of the process rather than seeking a declaration of rights or proprietary interests.
Outcome
The petition was not dismissed.
Orders
- A declaration that the Respondent's conduct and actions contravene the Constitution and/or are likely to contravene or infringe upon the Petitioners' fundamental rights and freedoms.
- A declaration that the decision by the 1st Respondent in appointment/ proposed appointment of the 2nd-13 Interested parties to serve in the Land Adjudication Committee is unlawful, null and void.
- A permanent injunction restraining the Respondents and the Interested parties from continuing with the said adjudication process.
- A declaration that the current Land Adjudication Committee be disbanded and a public baraza be held to appoint a new committee.
- An order for a fresh adjudication process to be undertaken in Emsea/Chang'ach Adjudication section with public participation and by any other Land Adjudication Officer.
Remedies
- Declaration
- Injunction
- Disbandment of current committee
- Appointment of new committee
- Fresh adjudication process
Authorities cited
Legislation (2)
- Land Adjudication Act
- Constitution of Kenya
Cases cited (1)
- The Muthaara Njuri Ncheke Council of Elders & Another vs
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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