Ngarendare CBO (Suing thro’ their Rep. Kashara Kitonga – Chairman & 3 others) v Ngarendare Forest Trust Thro’ Board of Trustees & 3 others [2022] KEELC 1979 (KLR)
- Court
- Environment & Land Court
- Case number
- 1979
- Citation
- [2022] KEELC 1979 (KLR)
- Decided
- 26 January 2022
The petition meets the threshold of a constitutional petition and the respondents have infringed the constitutional rights of the petitioners. The petitioners are entitled to the prayers sought.
Facts
Petitioners are a community-based organization registered since 2003, comprising farmers and pastoralists. They claim the 1st and 2nd respondents, the Ngarendare Forest Trust, have breached a concession agreement/trust deed entered on 1.10.2009, leading to neglect of their issues and unprocedural actions.
Issues
- Whether the petition meets the threshold of a constitutional petition.
- Whether the respondents have infringed the constitutional rights of the petitioners.
- Whether the petitioners are entitled to the prayers sought.
- What is the order as to costs.
Reasoning
The court held that the petition must set out the facts and legal arguments with reasonable precision, and the actual issues in dispute must stand out. The petitioners are entitled to a declaration of breach, recognition as representatives of the community, an order for elections, and a declaration that the management plan is null and void.
Outcome
Affirmed
Orders
- Declaration of breach
- Recognition of petitioners as representatives of the community
- Order for elections
- Declaration that management plan is null and void
Remedies
- Declaration of breach
- Recognition of petitioners as representatives of the community
- Order for elections
- Declaration that management plan is null and void
Authorities cited
Legislation (1)
- Protection of rights and freedoms rules 2013
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