Okiya Omtatah Okoiti v Ministry of Land, Housing and Urban Development & 2 others [2017] KEHC 8782 (KLR)
- Court
- High Court of Kenya
- Case number
- 8782
- Citation
- [2017] KEHC 8782 (KLR)
- Decided
- 22 May 2017
The court finds that the issues raised in the petition have already been decided in a previous advisory opinion by the Supreme Court and that the invocation of this court's jurisdiction over them amounts to a collateral attack on the final decision of the Supreme Court, which is an abuse of the court process.
Facts
The petition involves alleged violations of constitutional rights and fundamental freedoms, and the transfer of administration and management functions from the Ministry of Land, Housing and Urban Development to the National Land Commission.
Issues
- The proper constitutional and statutory boundaries between the powers and functions of the National Land Commission (NLC) and the Ministry of Land, Housing and Urban Development.
- The mandate of the NLC in relation to the management of public land.
Reasoning
The court applies the doctrine of collateral estoppel, stating that the issues in the instant cases are issues of law whose determination has been made finally by the Supreme Court in the Advisory Opinion.
Outcome
Affirmed
Authorities cited
Legislation (4)
- Fair Administrative Action Act 2015
- Land Registration Act, 2012
- Land Act 2012
- National Land Commission Act
Cases cited (3)
- Hunter vs. Chief Constable of West Midlands and another [1981]3 All ER
- McIlkenny vs. Chief Constable of West Midlands Police Force and an-other and related appeals 1980 QB 283, [1980] 2 All ER 227, [1980] 2 WLR 872, 144 JP 291
- Tuiyott, J's decision in Fatuma A. Chamkono & 40 Others vs. District Commissioner, Msambweni District & Another [2013] eKLR
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