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ELCAllowedKitale ELC Petition (Block 6 and Block 7 Kitale Municipality)· [2019] KEELC 4510 (KLR)

Trans National Times Sacco & another v National Land Commission & 2 others [2019] KEELC 4510 (KLR)

Environment and Land Court
25 February 2019
MNMwangi Njoroge
228 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kitale extended protection orders to cover more land in Kitale Municipality Blocks 6 and 7, shielding owners from interference.

What this practically means

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Executive summary

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This is a brief ruling delivered by Mwangi Njoroge J of the Environment and Land Court at Kitale on 25 February 2019. The petition concerns parcels of land known as Block 6 and Block 7 Kitale Municipality. The court observed that it had recently, on 6 February 2019, issued orders in Kitale ELC Pet. No. 6 of 2018 (Isaiah Wanyonyi & 42 Others v National Land Commission, County Government of Trans-Nzoia, Principal Secretary Ministry of Agriculture and the Hon. Attorney General), prohibiting the respondents there - essentially the same respondents as in the present petition - from interfering with the ownership and use of Kitale Municipality Blocks 6 and 7, and from imposing penalties, revoking titles or placing restrictions on those documents, amongst other actions, pending the hearing and determination of that petition. Holding that the cited petition concerns land situated within the same blocks as the parcels in the present petition, the judge directed that the orders issued in that petition apply to this petition. That direction disposed of the instant application. The ruling does not record the parties' names in full, no costs order was made, and no statute or authority other than the related petition was cited. The petitioner appeared through Mr Chebii holding brief for Kiveu; Mr Wanyonyi held brief for Mukele for the 2nd respondent; the 1st respondent and the Attorney General did not appear.

Key legal issues

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01

Extension of earlier conservatory orders to the present petition

Holding

The court extended the orders issued on 6/2/2019 in Kitale ELC Pet. No. 6 of 2018 to this petition, prohibiting respondents from interfering with ownership and use of Blocks 6 and 7 Kitale Municipality, imposing penalties, revoking titles or placing restrictions on the documents.

Reasoning

The court noted it had recently issued orders in a petition concerning the same blocks of land, with essentially the same respondents. Because the land in the cited petition is situated within the same blocks as the parcels in this petition, the court directed that the earlier orders apply to this petition, which disposed of the application.

p. 1

Legal principles established

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  • Interim orders issued in respect of land within the same blocks extend to related petitions concerning the same parcels

Court orders

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  1. 1.The orders issued in Kitale ELC Pet. No. 6 of 2018 (Isaiah Wanyonyi & 42 Others v National Land Commission & Others) on 6/2/2019 apply to this petition
  2. 2.Direction that the cited orders apply disposes of the instant application

Authorities

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Cases cited (1)

  • Isaiah Wanyonyi & 42 Others v National Land Commission, County Government of Trans-Nzoia, Principal Secretary Ministry of Agriculture & Hon. Attorney General
    Kitale ELC Pet. No. 6 of 2018
Jurisdiction invoked
Environment and Land Court jurisdiction over land within Kitale Municipality (Blocks 6 and 7)

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, "Trans National Times Sacco & another v National Land Commission & 2 others [2019] KEELC 4510 (KLR)", Case Analysis (2019). Kitale ELC Petition (Block 6 and Block 7 Kitale Municipality). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4510/eng@2019-02-25

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