Cheruiyot v Attorney General & 6 others (Environment & Land Petition 17 of 2020) [2022] KEELC 2974 (KLR)
The bottom line
#The Environment and Land Court in Eldoret dismissed a daughter's claim to school land because her family had already been given alternative land during demarcation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioner's right to equality and freedom from discrimination under Article 27 was violated
No discrimination established; allocation was by household and the Petitioner's family was relocated and allocated alternative land
The Petitioner conceded allocation was done per household. Her family was found on land earmarked for a school and was relocated to the plot that became Lembus/Torongo/965, registered in her father's name. Her sworn statements contradicting one another on whether her father occupied the suit property demonstrated lack of candour. She was an adult and a board member at demarcation and title issuance, so she knew the ownership position.
Whether the Petitioner's property rights under Article 40 were violated
No violation; the Petitioner had no entitlement to the suit property, which is public land titled to the school
Having found no entitlement arising from the household-based allocation and relocation, the court held there was no evidence of arbitrary deprivation of property. The NLC local coordinator's letter recommending compensation was held to have been procured in preparation for litigation and could not trump clear evidence that the family had been given alternative land.
Whether the Petitioner's right to fair administrative action under Article 47 was violated
Petition failed for lack of specificity; grievances raised had been addressed through meetings convened by local officers
Applying Anarita Karimi Njeru, the court held the Petitioner did not identify which body violated her Article 47 rights or how. Minutes of meetings convened by the District Commissioner and resolutions confirmed by the local chief's affidavit showed grievances were addressed. A vague, passing allegation of violation could not sustain the claim.
Legal principles established
#- A party seeking constitutional redress must plead with reasonable precision the provision infringed and the manner of infringement
- Where land allocation is done on a household basis and the claimant's household was relocated and allocated alternative land, the claimant cannot claim the original land in her own right
Court orders
#- 1.The Petition is dismissed with costs to the Respondents
- Jurisdiction invoked
- Constitutional petition under Articles 27, 40 and 47 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cheruiyot v Attorney General & 6 others (Environment & Land Petition 17 of 2020) [2022] KEELC 2974 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2974/eng@2022-05-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.