Ogunja (Suing on his own behalf as well as an official on behalf of the Otiende Estate Self Help Group) & 4 others v County Government of Kakamega (Environment and Land Petition E001, E002 & E003 of 2023 (Consolidated)) [2024] KEELC 3768 (KLR) (25 April 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3768
- Citation
- [2024] KEELC 3768 (KLR)
- Decided
- 25 April 2024
Summary at a glance
TypePetition for Environment and LandPostureAppeal from original trialCoramD. O. OHUNGO
The court dismissed the petitions.
Facts
The petitioners, Martin Ochieng Ogunja and Augustine Mutala, are tenants in the Otiende Estate and Amalemba II Estate respectively. They filed a petition against the County Government of Kakamega alleging that they had legitimate expectations to remain in occupation for life. The respondent served them with notices to vacate on or before 31st July 2023.
Issues
- Legitimate expectation to remain in occupation for life
- Right to remain in the estate
Reasoning
The court found that the petitioners did not have a legitimate expectation to remain in occupation for life and that the notices to vacate were valid.
Outcome
Dismissed
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