Shiundu v Agricultural Development Corporation & 3 others (Environment and Land Petition E004 of 2017) [2025] KEELC 5336 (KLR) (17 July 2025) (Judgment)

Summary at a glance

Facts

The Petitioner sought a declaration that he lawfully acquired and registered the land, and was entitled to ownership, occupation, and use of the property. The 1st Respondent denied the allegations and claimed to be the absolute registered proprietor.

Issues

• violation of right to own property under Article 40 of the Constitution
• violation of right to fair administrative action under Article 47 of the Constitution

Reasoning

The court found that the Petitioner presented sufficient proof of his rights being violated, and that an order of prohibition can be issued in a constitutional Petition for unlawful administrative conduct.

Outcome

Petition granted with costs, except for the order for compensation

Orders

• A declaration that the Petitioner lawfully acquired and registered the land
• A declaration that the Petitioner is entitled to ownership, occupation, and use of the property
• An order of prohibition prohibiting the Respondents from interfering with the Petitioner's rights

Remedies

• Declaration of lawful acquisition and registration of land
• Ownership, occupation, and use of the property
• Prohibition on interference by Respondents

Authorities cited