Kokwo Multipurpose Co-Operative Society v Principal Secretary, Ministry Of Lands Housing And Urban Development & 3 others [2015] KEHC 1417 (KLR)
- Court
- High Court of Kenya
- Case number
- 1417
- Citation
- [2015] KEHC 1417 (KLR)
- Decided
- 1 October 2015
The court finds that the petitioner's right to property under Article 40 of the Constitution has not been violated because the land was allocated unlawfully. The court also finds that the petitioner's right to dignity has not been violated.
Facts
The petitioner, Kokwo Multipurpose Co-operative Society, was allocated land parcels by the Ministry of Lands, Housing, and Urban Development. The land was later declared part of Mount Elgon Forest, making the allocation unlawful. The petitioner claims its members were evicted in an inhuman manner.
Issues
- violation of right to property
- violation of right to dignity
- violation of right to freedom and security of person
Reasoning
The court holds that the petitioner's allocation of land was unlawful due to the land being declared part of a government forest. The court also notes that the petitioner's members were evicted in an inhuman manner.
Outcome
The court dismisses the petition.
Authorities cited
Legislation (2)
- Co-operative Societies Act Cap 490
- Constitution of Kenya
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