Jacob Makunyu & 122 others v District Land Adjudication and Settlement Officer, Imenti Central District & another; Gideon Muchui Arithi & 1836 others (Applicants/Interested Parties) [2021] KEELC 4535 (KLR)
- Court
- Environment & Land Court
- Case number
- 4535
- Citation
- [2021] KEELC 4535 (KLR)
The court finds that the applicants have an interest in the matter, an identifiable stake, and will be affected by the orders sought in the petition, thus they are necessary parties and the application is allowed.
Facts
The applicants claim to be lawful occupants of Mbwaa 'A' Adjudication section since time immemorial. The petitioners filed a petition seeking to declare them as the owners of the land and to quash the decision to hive off Mbwaa 'A' from the main Ruiri-Rwarera section.
Issues
- Whether the applicants should be enjoined in the proceedings as interested parties.
- Whether the petitioners' claims regarding the ownership and protection of the land are valid.
Reasoning
The court considers the claims of the applicants and the petitioners, and finds that the applicants have demonstrated an interest in the matter and an identifiable stake, making them necessary parties.
Outcome
The application is allowed, and the applicants are enjoined in the proceedings.
Orders
- The applicants are enjoined in the proceedings.
- The court is called upon to determine the complex dispute regarding the hiving off of Mbwaa 'A' from the main Ruiri-Rwarera section.
Remedies
- Declaratory orders for the petitioners.
- An order of judicial review to quash the administrative decision.
- A permanent injunction against issuing new land numbers in respect of parcels of land in Mbwaa 'A'.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Constitution of Kenya, 2010
Cases cited (3)
- Joseph Njau King'ori vs Robert Maina Chege and 3 others (2002) eKLR
- Abdalla Abdulrman vs. The ministry of lands
- Gladys Nyawira and Others T/A as Nyeruruma self-help group
Loading judgment…