Taireni Association of Mijikenda v Mwambeja Ranching Company Limited & 7 others (Petition 12 of 2021) [2022] KEELC 4882 (KLR) (15 July 2022) (Judgment)

Facts

Taireni Association of Mijikenda claims the land LR 16659 was unlawfully allocated to Mwambeja Ranching Company Limited in 1977 by the then President of Kenya. The land was subsequently charged as security for a loan to the National Bank of Kenya and sold to Shimbaland Ranching Company Limited.

Issues

1. Whether the petition meets the threshold for a Constitutional Petition.
2. Whether the petitioners are entitled to the land by way of adverse possession.
3. Whether the court has jurisdiction to entertain the petition.
4. What was the classification or status of the suit property and did the President have the power to allocate the suit property to the 1st respondent?
5. Whether the cross petition is competent.
6. Whether the 8th respondent is a proper party in this petition.
7. Whether the petitioners' rights have been violated and what orders should issue.
8. Who should bear the costs of this petition?

Reasoning

The court considered the petition, cross-petition, and relevant law and case law, concluding that the petitioners have met the threshold for a Constitutional Petition and are entitled to the land by way of adverse possession.

Outcome

The court dismissed the petitioners' claims.

Authorities cited