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ELCDismissedNot stated in judgment (Constitutional Petition filed 14th September 2015)· [2016] KEELC 1093 (KLR)

Longonot Farmers Self Help Group ( Suing thro’ its officials Samuel Njuguna Mukundi- Chairman and others) v Administration Police Commandant & 2 others [2016] KEELC 1093 (KLR)

Environment and Land Court
18 February 2016
MSMunyao Sila
961 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Nakuru dismissed a community group's bid to protect claimed land because they had no title or allotment letter proving ownership.

What this practically means

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Executive summary

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The petitioners, members of Mt. Longonot Self Help Group, filed a constitutional petition on 14th September 2015 together with an application for conservatory orders. They claimed ownership of land parcel LR No. 7473/4/1 (Makongo Farm, approximately 150 acres), alleging it was given to them by the late President Jomo Kenyatta in 1975 and later planned and subdivided into residential, commercial and other plots, with allotment letters issued by the County Council of Nakuru. They alleged that after inviting the Administration Police to occupy a police post built on the land, the AP came in large numbers and harassed them, claiming the land was acquired by the Administration Police Service in 2008 as a field training extension. The petitioners claimed violation of their property rights under Article 40 of the Constitution and sought conservatory orders restraining the respondents from demolishing houses, entering upon, constructing on or otherwise dealing with the land. The respondent filed grounds of opposition, contending that the petitioners had not demonstrated ownership of the suit parcel. Applying the Giella v Cassman Brown principles, the court found that no allotment letter or title identifying the petitioners' rights over the suit land was displayed; the annexed allotment letters of 2012 did not identify any land parcel and no connection to the suit land was shown. The petitioners therefore failed to establish a prima facie case with a probability of success, and the balance of convenience did not arise. The application was dismissed with costs on 18th February 2016.

Key legal issues

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01

Whether conservatory orders could issue to the petitioners

Holding

No - the petitioners did not establish a prima facie case as they produced no allotment letter or title evidencing rights over the suit land

Reasoning

The court applied the Giella v Cassman Brown principles, treating the conservatory orders application as analogous to an injunction. The petitioners claimed allocation of the land by the late President Jomo Kenyatta in 1975 and allotment letters from the County Council of Nakuru, but the letters produced did not identify the suit parcel and no connection was shown between them and the land claimed. No title was displayed, so no prima facie case was established and the balance of convenience did not arise.

p. 3

Legal principles established

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  • An applicant for conservatory orders, like an applicant for an injunction, must demonstrate a prima facie case with a probability of success and irreparable loss, failing which the balance of convenience is considered

Court orders

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  1. 1.The application for conservatory orders is dismissed with costs
  2. 2.It is so ordered

Authorities

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Legislation

  • Constitution of KenyaArticle 40

Cases cited (1)

  • Giella vs Cassman Brown
    (1973) EA 358
Jurisdiction invoked
Constitutional Petition alleging violation of Article 40 of the Constitution (property rights); conservatory orders sought pending hearing of the petition

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Longonot Farmers Self Help Group ( Suing thro’ its officials Samuel Njuguna Mukundi- Chairman and others) v Administration Police Commandant & 2 others [2016] KEELC 1093 (KLR)", Case Analysis (2016). Not stated in judgment (Constitutional Petition filed 14th September 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1093/eng@2016-02-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.