Olembo v County Government of Kakamega & another (Environment & Land Petition E003 of 2021) [2023] KEELC 35 (KLR) (17 January 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 35
- Citation
- [2023] KEELC 35 (KLR)
- Decided
- 17 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Injunction and DeclarationPosturePetitioner seeks declaration and injunction against County Government and Land Administration TribunalCoramD. O. OHUNGO
Holding
The court declares the continued pursuit of the proceedings in the Kakamega County Land Application Tribunal unconstitutional and infringes on the petitioner's right to fair hearing and right to own property.
Facts
Petitioner is the heir and administrator of the estate of the late Reuben James Olembo, who was the registered owner of land title number Kakamega/Town/Block 111/34. The 1st respondent formed the 2nd respondent with the intention of repossessing undeveloped plots within Kakamega County, including the suit property.
Issues
- constitutionality of the proceedings in the Kakamega County Land Application Tribunal
- unconstitutionality of the 2nd respondent's mandate to investigate and repossess private property
- right to fair hearing and ownership of property
Reasoning
The court found the proceedings unconstitutional due to the lack of jurisdiction and the infringement on the petitioner's rights.
Outcome
Judgment in favor of the petitioner
Orders
- Declaration that the continued pursuit of the proceedings in the Kakamega County Land Application Tribunal is unconstitutional
- Declaration that the 2nd respondent has no mandate to investigate, question, or repossess private property
- Permanent injunction restraining the respondents from repossessing Land Title No. Kakamega/Town/Block 111/34
- Costs of the petition
Remedies
- Declaration
- Injunction
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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