SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

DR. KIMPEI MUNEI & 59 OTHERS V NATIONAL LAND COMMISSION SELECTION PANEL & ANOTHER [2012] KEHC 5729 (KLR)

[2012] KEHC 5729 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
5729
Citation
[2012] KEHC 5729 (KLR)
Decided
31 July 2012
AI Summary Beta 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

  1. Appointment of National Land Commission Commissioners
  2. 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)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case