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ELCDismissedPetition filed 12.1.2015 (number not stated in judgment)

Keiyo Farm Company Ltd v Ministry of Devolution and Planning & another [2018] KEELC 2526 (KLR)

Environment and Land Court
28 June 2018
915 words in judgment
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The bottom line

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A Kenyan court dismissed a land compensation claim because the company could not produce any title documents or evidence proving its constitutional rights were violated.

What this practically means

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Executive summary

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Keiyo Farm Company Limited, incorporated in 1971 to redeem lands formerly held by white settlers in Uasin Gishu, petitioned the Ministry of Devolution and Planning and the Attorney General alleging that its members purchased 3,023 acres in Trans Nzoia (LR.5529, 7363/2 and 5788) in 1970 but were attacked by the Ngoroko, leading to cattle rustling, forceful eviction, killings, burning and vandalization. The members allegedly became squatters, and the petitioner claimed violations of Articles 21, 22 and 23 of the Constitution, seeking compensation at current market rates, a declaration of ownership of the suit parcels, and costs. In support, it filed an agricultural valuation report by consultants outlining economic, social and human losses. The respondents, through counsel, countered that no extract of title proved ownership; that no police report was lodged over the Ngoroko menace; that the petition suffered from inordinate delay of over 42 years; that the valuation was speculative and unsupported by books of account; and that the Ministry of Devolution and Planning was wrongly sued as it holds no security mandate. The court found that the petitioner produced only a certificate of incorporation and a list of members, no proof of ownership, and no evidence that the attacks were reported or that rights were infringed. Applying the requirement that an applicant allege and prove the manner, nature and extent of infringement and injury, the court held that no contravention of constitutional rights was established and dismissed the petition with no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the petitioner proved ownership of the parcels of land known as LR.5529, 7363/2 and 5788
  2. 2.Whether the petitioner proved that its rights under the Bill of Rights were violated (alleged Ngoroko attacks, eviction and vandalism)
  3. 3.Whether the petitioner is entitled to compensation from the respondents

Key legal issues

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01

Proof of ownership of the claimed parcels of land

Holding

Petitioner failed to prove ownership; only certificate of incorporation and members' list were annexed

Reasoning

The petitioner alleged purchase of 3,023 acres in 1970 but produced no extract of title or other document of ownership. Counsel for the respondents highlighted this omission, and the court found the ownership allegation unfounded, defeating both the declaration and compensation claims.

p. 2
02

Proof of constitutional rights violation

Holding

No violation of constitutional rights was proved; the evidence did not demonstrate the alleged infringement

Reasoning

Beyond the certificate of incorporation and a list of members, the petitioner produced no evidence that the Ngoroko attacks, evictions, killings or vandalism occurred, nor any police report. The court held that a party alleging breach must plead and prove the manner, nature and extent of infringement and injury.

p. 2

Legal principles established

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  • To prove violation of Bill of Rights provisions, a party must state the provisions infringed, the manner of infringement, the nature and extent of the infringement and of the injury suffered

Court orders

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  1. 1.The petition is dismissed with no order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 21, 22 and 23 of the Constitution (constitutional petition jurisdiction)

Relief refused

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Compensation for loss of land, material, crops, grass, livestock and forceful eviction

Petitioner failed to prove ownership of the land or violation of constitutional rights

p. 2

Declaration that the petitioner is the rightful owner of LR.5529, 7363/2 and 5788

No extract of title or document of ownership was produced

p. 2

Costs of the petition

Petition dismissed

p. 2

Costs

No order as to costs (petition dismissed with no order as to costs)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The petition herein is not supported by the evidence required in law and is therefore dismissed with no order as to costs.
p. 2disposition
for a party to prove violation of their rights under the various provisions of the Bill of Rights they must not only state the provisions of the Constitution allegedly infringed in relation to them, but also the manner of infringement
p. 2standard of proof for constitutional violations
the petitioners have not established that their farms were vandalized and no contravention of constitutional rights has been proved at all
p. 2failure of proof

Issues in the judgment

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minor

The parcel number is inconsistently recorded in the judgment as LR.5529 in the pleading narration but LR.5539 in the court's finding

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, "Keiyo Farm Company Ltd v Ministry of Devolution and Planning & another [2018] KEELC 2526 (KLR)", Case Analysis (2018). Petition filed 12.1.2015 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2526/eng@2018-06-28

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