Yegon (Suing as the Administrator of the Estate of Kipyegon Arap Kirui - Deceased) v Ekatera Tea Company Limited (Formerly Unilvever Tea Kenya Limited) & 2 others (Constitutional Petition E002 of 2022) [2023] KEELC 18690 (KLR) (13 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18690
- Citation
- [2023] KEELC 18690 (KLR)
- Decided
- 13 July 2023
Summary at a glance
TypeConstitutional PetitionPostureRespondents filed a Preliminary ObjectionCoramMC OUNDO
The court has jurisdiction to hear the petition and determine claims for historical injustices, as the National Land Commission's mandate is to investigate, hear, and determine issues on historical land injustices, not to be the exclusive authority.
Facts
The Petitioner seeks to recover 10 acres of land belonging to the estate of the late Kipyegon Arap Kirui, alleging it was fraudulently alienated by the 1st Respondent in 1963.
Issues
- Whether the court has jurisdiction to hear the petition
- Whether the law on limitation applies to matters of historical injustices
- Whether the Preliminary Objection has merit
Reasoning
The court's jurisdiction is derived from the Constitution or legislation, and it cannot exceed the jurisdiction conferred by law. The court has jurisdiction to hear and determine claims for historical injustices.
Outcome
The Preliminary Objection is dismissed.
Authorities cited
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