Savannah Breweries Limited v National Land Commission & 3 others; Karati Farm & 2 others (Interested Parties) (Environment & Land Petition 17 of 2019) [2023] KEELC 18634 (KLR) (29 June 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18634
- Citation
- [2023] KEELC 18634 (KLR)
- Decided
- 29 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Revocation of TitlePosturePetitioner vs Respondents and Interested PartiesCoramOMBWAYO
Holding
The court finds that the petitioner’s petition raises issues of violation of constitutional provisions.
Facts
The petitioner claims to be the registered owner of land LR 5211/12, which was revoked by the 1st respondent. The petitioner alleges that it was denied access to the property and its rights under Articles 47 and 48 of the Constitution were violated.
Issues
- Whether the petition meets the threshold of a Constitutional petition.
- Whether the petitioner is entitled to the orders sought.
Reasoning
The court considers the petition, affidavits, and responses, and finds that the petitioner’s rights under Articles 47 and 48 of the Constitution were violated. The court also notes that the petitioner was not given a chance to be heard.
Outcome
The court will determine the validity of the revocation of LR 5211 and the petitioner's entitlement to the orders sought.
Authorities cited
Legislation (2)
- Evidence Act Cap 80 Laws of Kenya
- Constitution of Kenya
Cases cited (4)
- Anarita Karimi v Republic
- Ostenah Ogero Taracha v Ethics & Anti-Corruption Commission & Attorney General
- Anarita Karimi Njeru v Republic
- Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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