Thuo & 160 others v National Land Commission & 4 others; Kenya Human Rights Commission (Interested Party) (Environment & Land Petition E004 of 2022) [2022] KEELC 3951 (KLR) (5 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3951
- Citation
- [2022] KEELC 3951 (KLR)
- Decided
- 5 July 2022
Summary at a glance
TypePetitionPostureAppeal from a previous petitionCoramBM EBOSO
The court finds the petition properly before it and rejects the preliminary objection.
Facts
Petitioners brought a petition challenging a Gazette Notice published by the National Land Commission, claiming it violated the Constitution and their fundamental rights.
Issues
- Jurisdiction of the court to adjudicate the dispute
- Exhaustion of dispute resolution mechanisms
Reasoning
The court finds the petitioners did not fail to exhaust the dispute resolution mechanisms as required by the Fair Administrative Action Act. The Land Acquisition Tribunal was not yet constituted at the time of the petition.
Outcome
The petition is not struck out.
Orders
- The preliminary objection is rejected.
- Costs are in the cause.
Authorities cited
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