Lonyala & 28 others v Cabinet Secretary Ministry of Physical Planning & 3 others; County Government of West Pokot & 6 others (Interested Parties) (Constitutional Petition E002 of 2023) [2025] KEHC 8399 (KLR) (12 June 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 8399
- Citation
- [2025] KEHC 8399 (KLR)
- Decided
- 12 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court at KapenguriaCoramRPV WENDOH
Holding
The petition is hereby stayed pending the determination of Mombasa ELC Petition 33/2021.
Facts
The petitioners sought an order compelling the Director of Survey to demarcate and clearly mark the boundaries of West Pokot in relation to neighboring counties. The petition was stayed pending the determination of a similar case in the Environment and Land Court.
Issues
- Demarcation of boundaries of Kenya's 47 counties
- Implementation of Articles 94(3) and 188 of the Constitution
Reasoning
The court agreed with the petitioners and the Attorney General that since the court in Mombasa is already seized of the matter, it is proper that this court awaits the determination in the said case.
Outcome
Stay of the petition pending the determination of Mombasa ELC Petition 33/2021
Authorities cited
Legislation (2)
- Articles 94(3) and 188 of the Constitution
- Articles 129, 130, 131(1)(b) and 2(a) and (b) as read together with Articles 6(1) and the first schedule to the Constitution
Cases cited (1)
- Mombasa ELC Petition 33/2021 Okiya Omtata Okoiti -V- The Parliament of Kenya, The National Executive of Kenya, the Attorney General and four interested parties
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.
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