Oloirien Group Ranch v Director, Land Adjudication & Settlement & 6 others; Kenya Airports Authority (Interested Party) (Environment & Land Petition E001 of 2022) [2023] KEELC 16303 (KLR) (14 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16303
- Citation
- [2023] KEELC 16303 (KLR)
- Decided
- 14 March 2023
Summary at a glance
TypePublic Interest LitigationPostureRespondents filed Grounds of Opposition to the Notice of Motion ApplicationCoramEM WASHE
The Notice of Motion Application and the Petition are struck out, and the costs are to be borne by the Petitioner.
Facts
The Petitioner filed a Notice of Motion Application seeking for various orders, including a declaration and production of documents, but the Court found the application lacking in jurisdiction.
Issues
- Jurisdiction of the Court
- Repealing of Section 15 of the National Land Commission
Reasoning
The Court held that the application lacked jurisdiction due to the repealing of Section 15 of the National Land Commission, and thus, the subsequent issues are without jurisdiction.
Outcome
The Notice of Motion Application and the Petition are struck out.
Orders
- The Notice of Motion Application and the Petition are struck out.
- The costs of the Notice of Motion Application and the Petition are to be borne by Moiko Ole Miaron in person.
Authorities cited
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