Republic v Attorney General & 2 others; Longorkemer (Exparte Applicant) (Environment and Land Miscellaneous Application 2 of 2023) [2024] KEELC 13534 (KLR) (2 December 2024) (Ruling)

Summary at a glance

Facts

The Ex Parte Applicant sought to have a brace returned to the suit land parcels after the District Commissioner's decision was quashed in a Judicial Review application. The District Commissioner's decision was based on a survey conducted by the National County Surveyor.

Issues

• Whether the position of the Ex Parte Applicant and the 3rd Respondent on the ground remained the same since 28/08/1992
• Whether the return of the brace has any effect on the positions of the parties on the ground

Reasoning

The court considers the evidence and the records, noting that the decision of the Land Adjudication Committee was implemented and that the parties have lived on the respective portions of the suit land since 28/08/1992. The court finds that the return of the brace does not change the settled positions of the parties.

Outcome

The application is dismissed.

Orders

• The application is dismissed.
• The court does not call for evidence of the Land Adjudication Ocer to show a different position on the ground than how the parties were settled on as at 28/08/1992.