DR. KIMPEI MUNEI & 59 OTHERS V NATIONAL LAND COMMISSION SELECTION PANEL & ANOTHER [2012] KEHC 5729 (KLR)
- Court
- High Court of Kenya
- Case number
- 5729
- Citation
- [2012] KEHC 5729 (KLR)
- Decided
- 31 July 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConservatory OrdersPosturePetition for Conservatory OrdersCoramD.S. MAJAN
Holding
Conservatory order restraining the appointment of the Chairperson and members of the National Land Commission from taking office until 2nd August 2012 or further orders.
Facts
Petitioners sought conservatory orders to restrain the National Land Commission Selection Panel from forwarding or submitting any names to the president of the Republic of Kenya for appointment to the position of Chairperson and Members of the National Land Commission.
Issues
- Appointment of National Land Commission Commissioners
- Constitutional Right to Challenge Actions
Reasoning
The court found the respondents' conduct unacceptable and directed them to file a replying affidavit, while issuing a conservatory order to prevent the National Land Commission from functioning until further notice.
Outcome
Conservatory Order Issued
Orders
- Respondents to file and serve a Replying Affidavit by 3rd August 2012
- Conservatory Order restraining the National Land Commission from functioning until 2nd August 2012 or further orders
Remedies
- Prevent the National Land Commission from functioning until further notice
Authorities cited
Legislation (1)
- National Land Commission Act, 2012 (Act No. 5 of 2012)
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