Wasike & 2 others v Attorney General & 2 others (Environment & Land Petition E001 of 2020) [2023] KEELC 19858 (KLR) (20 September 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 19858
- Citation
- [2023] KEELC 19858 (KLR)
- Decided
- 20 September 2023
Summary at a glance
TypePetition for Land AllocationPosturePetition dismissed with no order as to costsCoramD. O. OHUNGO
No merit in the petitioners' case, and the reliefs sought cannot issue
Facts
Petitioners claim to be squatters in Turbo Forest Reserve and Mautuma Central Settlement Scheme, seeking orders for land allocation and protection from vetting. Respondents deny squatter status and argue for de-gazetting of forest land.
Issues
- Whether petitioners are squatters within Turbo/Lugari Forest and Mautuma Central Settlement scheme
- Whether petitioners are entitled to allocation of land at Mautuma Central Settlement Scheme
Reasoning
The petitioners chose the wrong court, and their claim of squatter status is a matter for an ordinary civil claim. The court cannot compel de-gazetting of forest land.
Outcome
Petition dismissed with no order as to costs
Authorities cited
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