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ELCDismissedE.L.C. Petition No. 18 of 2017· [2018] KEELC 2996 (KLR)

Sigma Phi Investments Limited v Inspector General of the National Police Service & another [2018] KEELC 2996 (KLR)

Environment and Land Court
12 June 2018
KBK. BOR
2,882 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Petitioner, a limited company and registered owner of L.R. No. 209/11434 on Maasai Road, Nairobi, petitioned the Environment and Land Court alleging that on 25/4/2017 armed Administration Police officers entered its property during construction, demanded access, and instructed it to cease construction and present ownership documents to the Deputy County Commissioner. It sought declarations that Articles 40, 31(1)(a) and (b) and 28 were violated, a conservatory order, a permanent injunction, compensation and costs. Conservatory orders had been granted on 29/6/2017 in the absence of a response. The Respondents, through a replying affidavit of the Deputy County Commissioner, Langata Sub County, explained that following complaints by one Tom Odhiambo Owiyo claiming ownership and reports of a looming confrontation in a volatile area prone to land disputes, police were sent to maintain law and order; they reconciled the parties peacefully without force, and no search was conducted. The Respondents invoked Articles 24, 159 and 244 and Section 60 of the National Police Service Act. The court held that the police actions were reasonable, no search occurred since there was no structure on the land, and no evidence showed continuing threats or that construction stopped after 25/4/2017. It faulted the Petitioner for failing to attend the meeting convened by the Deputy County Commissioner. The petition was dismissed with costs to the Respondents.

Key legal issues

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01

Whether the police entry onto the Suit Property violated the Petitioner's rights to property, privacy and dignity

Holding

No violation found; the police acted to prevent a breach of the peace in a volatile area

Reasoning

The court found that on receipt of complaints of encroachment and a looming confrontation, the police were duty-bound to visit the scene and maintain law and order. They entered peacefully, reconciled the parties without force, and no search was conducted as there was no structure on the land. The Petitioner also failed to demonstrate continuing threats or that construction was stopped after 25/4/2017.

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02

Whether any search without a warrant infringed the Petitioner's privacy

Holding

No search was conducted since there was no house or structure on the property

Reasoning

The court distinguished the authorities relied on by the Petitioner on search and seizure, noting from the photographs that there was no house on the Suit Property which the police could have searched. The Respondents denied that any search was carried out, stating the police went only to investigate a complaint and prevent a crime.

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03

Whether the Petitioner's failure to attend the meeting convened by the Deputy County Commissioner affected its claim

Holding

The Petitioner ought to have attended, which would have allowed it to see the rival claimant's documents and possibly litigate ownership

Reasoning

The court held that the Petitioner should have cooperated with the police and attended the meeting. Attendance would have exposed the other claimant's documents and enabled the Petitioner to decide whether to sue that claimant, given the appearance of double allocation of the Suit Property.

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Legal principles established

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  • Police intervention to avert a looming confrontation over disputed land, without harassment, arrest or force, does not violate Article 40, 31 or 28 rights
  • A limitation of rights by police in maintaining law and order is justifiable under Article 24 where reasonable and not prejudicial to others' rights

Court orders

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  1. 1.The petition is dismissed
  2. 2.Costs of the petition awarded to the Respondents

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 2(5) & (6), 24, 25, 28, 31(1)(a) & (b), 40(1), 159, 244, 258, 260
  • Land Registration ActSection 26
  • National Police Service ActSection 60
  • National Police Act2011 (mandate to preserve peace)
  • Environment and Land Court ActSection 13
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013

Cases cited (4)

  • Samura Engineering Limited & 10 Others v Kenya Revenue Authority
    [2012] eKLR
  • Alex Mautia Morume v. Republic
    [2014] eKLR
  • Muslims for Human Rights (Muhuri) & 4 others v Inspector General of Police & 2 Others
    [2014] eKLR
  • Charles Murigu Murithii and 2 Others v. Attorney General
    [2015] eKLR (Petition No. 113 of 2009 consolidated with Petition No. 44 of 2009 and Petition No. 48 of 2012)
Jurisdiction invoked
Articles 2(5) & (6), 28, 31, 40, 258 and 260 of the Constitution of Kenya, 2010; Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013; Section 13 of the Environment and Land Court Act, 2011

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, "Sigma Phi Investments Limited v Inspector General of the National Police Service & another [2018] KEELC 2996 (KLR)", Case Analysis (2018). E.L.C. Petition No. 18 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2996/eng@2018-06-12

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