Joseph Kipngetich Tanui & 358 others v Cabinet Secrtetary, Ministry of Lands, Housing and Urban Development & 6 others [2018] KEHC 8887 (KLR)

Facts

The Petitioners claim to be squatters on land that was taken away from their forefathers and issued to the 1st registered owners, James Doyle and Robert Geoffrey Wilfred Hudson. The 6th and 7th Respondents claim to have acquired a good title to the land through a sale agreement and a transfer instrument.

Issues

1. Whether the Petitioners have the requisite locus standi to institute the suit
2. Whether the Petitioners have proprietary rights over the land parcels
3. Whether the 6th Respondent acquired a good title to pass to the 7th Respondent
4. Whether the said title can be challenged on the grounds of fraud
5. Whether the Petitioners are entitled to the remedies sought
6. Who bears the costs of the Petition

Reasoning

The Petitioners have locus standi based on Article 22 and 258 of the Constitution, as they can act in the public interest. The Petitioners' claim to the land is based on occupation by their forefathers, which does not constitute a proprietary interest. The 6th Respondent acquired a good title through a sale agreement and transfer instrument.

Outcome

The Petitioners' Petition is dismissed with costs to the 7th Respondents.

Authorities cited