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ELCDismissed· [2022] KEELC 2974 (KLR)

Cheruiyot v Attorney General & 6 others (Environment & Land Petition 17 of 2020) [2022] KEELC 2974 (KLR)

Environment and Land Court
17 May 2022
2,155 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This was a constitutional petition filed at the Environment and Land Court, Eldoret, in which the Petitioner, daughter of Shadrack Cheruiyot Kipsui, sought revocation of the title issued over Lembus/Torongo/1015 to Tripkatoi Primary School, a declaration that the title was unconstitutionally issued, declarations of neglect against the respondents, damages for abuse of office, and costs. She claimed she was a squatter discriminated against during the 1997 demarcation in Baringo County when her name was removed from the list of beneficiaries. The Respondents contended that demarcation was household-based; the Petitioner's father was found occupying land earmarked for a public school and was relocated to a plot (Lembus/Torongo/965) which he subsequently titled. The court framed two issues: violation of Articles 27, 40 and 47, and entitlement to reliefs. It found no discrimination since the Petitioner conceded household-based allocation and her family had been given alternative land; her affidavits were contradictory on whether her father occupied the suit property, and she was a teacher and board member aware of the school's title. The Article 40 claim failed for want of evidence, and the Article 47 claim failed for lack of specificity, per the Anarita Karimi Njeru standard. Applying that authority, the court dismissed the petition with costs to the Respondents on 17th May 2022.

Key legal issues

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01

Whether the Petitioner's right to equality and freedom from discrimination under Article 27 was violated

Holding

No discrimination established; allocation was by household and the Petitioner's family was relocated and allocated alternative land

Reasoning

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.

p. 4
02

Whether the Petitioner's property rights under Article 40 were violated

Holding

No violation; the Petitioner had no entitlement to the suit property, which is public land titled to the school

Reasoning

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.

p. 5
03

Whether the Petitioner's right to fair administrative action under Article 47 was violated

Holding

Petition failed for lack of specificity; grievances raised had been addressed through meetings convened by local officers

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The Petition is dismissed with costs to the Respondents

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 27
  • Constitution of Kenya, 2010Article 40
  • Constitution of Kenya, 2010Article 47

Cases cited (1)

  • Anarita Karimi Njeru Vs. The Republic
    {1976-1980} KLR 1272
Jurisdiction invoked
Constitutional petition under Articles 27, 40 and 47 of the Constitution of Kenya, 2010

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, "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.