Republic v National Land Commission, Cabinet Secretary Ministry of Lands & Housing Physical Planning & Urban Development, Attorney General & County Government of Kwale Ex-Parte; Diani Scheme Resource Centre (Judicial Review 1 of 2020) [2021] KEELC 4317 (KLR) (15 February 2021) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4317
- Citation
- [2021] KEELC 4317 (KLR)
- Decided
- 15 February 2021
Summary at a glance
Facts
The Diani Scheme Resource Centre (Ex-parte Applicant) claims to have been in occupation and possession of the suit premises since time immemorial. The Government established the KWALE/DIANI SETTLEMENT SCHEME in 1977, creating a Part Development Plan (PDP) that allocated plots to settlers, including the Ex-parte Applicant's membership. However, the adoption of a survey plan dated 4 February 1992 created conflicts and inconsistencies.
Issues
- Moratorium on land transfers within the Diani Settlement Scheme
- Prohibition of further alienation of land within the Diani Settlement Scheme
- Compulsion to adopt the initial PDP and generate a new survey plan
- Costs of the application
Reasoning
The court finds that the conflicts arising from the adoption of the 1992 survey plan should have been resolved through normal dispute resolution mechanisms. The applicants were not under a duty to ensure that all affected parties were joined in the proceedings. The court also notes that the applicants have not proven fraud or illegal acquisition of titles.
Outcome
Application dismissed
Authorities cited
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