Wanje & 2 others (Suing as Officials of Matolani Residents Development Association) v County Government of Kilifi & 6 others (Constitutional Petition E009 of 2024) [2025] KEELC 4333 (KLR) (5 June 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4333
- Citation
- [2025] KEELC 4333 (KLR)
- Decided
- 5 June 2025
Summary at a glance
TypeConstitutional PetitionPosturePreliminary ObjectionCoramFM NJOROGE
The court finds that the petition is not a disguised appeal for compensation and dismisses the preliminary objections.
Facts
Petitioners allege that the County Council of Kili and County Council of Malindi wrongfully allocated and leased trust lands to respondents for 99 years, depriving them of land tenure security.
Issues
- Whether the court has jurisdiction to hear the petition
- Whether the petition is statute barred by limitation
Reasoning
The court does not see any pleading or prayer for compensation in the petition, and thus the dispute is not a disguised appeal.
Outcome
Preliminary Objection dismissed
Authorities cited
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