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ELCDismissedPetition No. 23/12 (as continued) - Application dated 6.4.2018· [2018] KEELC 3675 (KLR)

Akithi Ranching Directed Agricultural Company Limited v District Land Adjudication and Settlement Officer Tigania East and West District & 3 others [2018] KEELC 3675 (KLR)

Environment and Land Court
25 April 2018
761 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Meru refused to halt land adjudication on 33,000 acres, ruling that an old injunction expired with the lease.

What this practically means

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Executive summary

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The petitioners filed an application dated 6 April 2018 seeking a temporary injunction restraining the 1st, 2nd and 3rd respondents from continuing the Land Adjudication process over approximately 33,000 acres of ranch land in Tigania West and/or East Districts pending inter partes hearing. They relied on a lease and claimed pre-emptive rights under section 13 of the Land Act pending renewal, noting the renewal issue was before the National Land Commission and that guidelines on renewal were only formulated in June 2017. The Meru County Government opposed, averring the lease had expired, section 13 did not apply, and adjudication under Cap 284 was under way; the Attorney General associated himself with those arguments. It emerged that petitioners had earlier filed Petition No. 23/12, in which Justice Njoroge's ruling of 2 October 2013 declared respondents' actions unconstitutional and issued a permanent injunction against adjudication. However, a clarification ruling of 31 July 2017 held that the permanent injunction died with the expiry of the lease and could no longer confer duties and rights. The court found the matter was at an infancy stage with the application not yet argued; since ongoing activities were admitted and half the land had been worked on, the court required particulars of what was to be preserved, obtainable only at a full hearing. The judge declined to grant any interim orders. No costs order was made.

Key legal issues

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01

Whether interim injunction should issue to halt land adjudication on the petitioners' 33,000-acre ranch land

Holding

Interim orders were refused; the application and suit must be heard first

Reasoning

The court held the matter was at an infancy stage with the application not yet argued. Since ongoing activities were admitted and half the land had already been worked on in the adjudication, the court needed particulars of the nature and extent of what would be preserved, which could only be ascertained at a full hearing of the application or petition. The petitioners' reliance on section 13 of the Land Act pre-emptive rights was contested by respondents who asserted the lease had expired, and the renewal issue was properly for the application or petition.

p. 2
02

Effect of the earlier ruling in Petition No. 23/12 on the petitioners' claimed rights

Holding

The permanent injunction in the 2013 ruling lapsed with expiry of the lease and does not support the petitioners' claim

Reasoning

The petitioners asserted that the ruling of 2.10.2013 upheld their rights. The court noted a subsequent clarification by Judge Njoroge on 31.7.2017 that the permanent injunction ceased upon expiry of the lease. Accordingly, the petitioners' claim that the court had upheld their rights to the land was unfounded, since those rights were limited to a fixed period. Whether the lease should be renewed remained an issue for determination in the application or petition, not a basis for interim relief.

p. 2

Legal principles established

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  • A permanent injunction tied to the expiry of a lease ceases to exist upon expiry of the lease and can no longer confer duties and rights

Court orders

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  1. 1.Declined to grant any interim orders at this stage

Authorities

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Legislation

  • Land Actsection 13
  • Land Adjudication Act (Cap 284)not specified
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land within Tigania West/East Districts (land-law matter brought by 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, "Akithi Ranching Directed Agricultural Company Limited v District Land Adjudication and Settlement Officer Tigania East and West District & 3 others [2018] KEELC 3675 (KLR)", Case Analysis (2018). Petition No. 23/12 (as continued) - Application dated 6.4.2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3675/eng@2018-04-25

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