Sang & 12 others v Principal Secretary. Ministry of Lands and Physical Planning & 33 others (Environment & Land Petition 12 of 2019 & Environment & Land Case 37 of 2020 (Consolidated)) [2024] KEELC 1261 (KLR)
The bottom line
#The Environment and Land Court in Eldoret dismissed the Ogiek/Dorobo community's land claims because titles were already issued, some parcels never existed, and one was a public utility plot.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition met the Anarita Karimi Njeru threshold
The petition met the threshold because the grievances (discriminatory exclusion from titling and deprivation of property under Articles 27 and 40) were discernible from the pleading despite imprecision
The court adopted the liberal post-2010 approach, noting the Mutunga Rules and decisions such as Tom Onyango, holding that Anarita Karimi precision should not lock out petitioners. The court could, without pain, discern that the petitioners alleged discrimination and deprivation of the right to own property under Articles 27 and 40.
Whether the petition was overtaken by events
Yes; titles had been processed and issued using the approved members list, including to the petitioners themselves, leaving nothing to determine
The National Titling Centre used the approved members list of 358 parcels forwarded to the 2nd Respondent on 4.10.2018. The 1st, 4th, 5th and 6th Petitioners obtained titles to their parcels. Following Daniel Kaminja and Tanzania Roads Agency, the court found no live controversy remained.
Existence of parcels 360 and 361
The parcels are non-existent as the approved members register shows the farm was subdivided into only 358 parcels
The approved members register used to generate titles showed 358 parcels. The petitioners' list purporting to go up to number 362 was signed by the Chief of Leinguse Location, who was not an official of either Ogiek Committee, and was not filed at the District Lands Office as required.
Whether parcel 353 was available for alienation
No; parcel 353 (20.04 hectares) was reserved as Cheboror Farm Town plot, a public utility, and any claim to it by the 4th Petitioner is misplaced, null and void
The approved members register showed parcel 353 was reserved as a town plot. The court found implausible the claim that Stephen Kipkoech Bor surrendered a 2.02 hectare plot in exchange for 20.04 hectares; plot 115 remained in his name with a 2018 title.
Whether the petitioners' constitutional rights (Articles 27, 28, 29, 40, 43 and 47) were violated
No violation established; the petitioners obtained titles lawfully due to them, and no evidence of discrimination, dignity or security violations, or unfair administrative action was adduced
No evidence showed names were omitted from the titling list. The town plots were allocated by ballot in meetings chaired by District Commissioners where the petitioners were heard and refused to pick ballots; the 1st Petitioner was later allocated plot 168. Article 40(6) does not protect unlawfully acquired property.
Legal principles established
#- Post-2010 Constitution, the Anarita Karimi Njeru precision requirement is applied liberally so as not to lock out petitioners, but a petition must still permit the court to discern the constitutional provisions said to be violated
- A claim over a cause that has been overtaken by events, where no practical relief remains, will be dismissed
- Land reserved as a public utility plot is not available for alienation, and a claim over it is null and void
- A suit over a non-existent title or parcel cannot stand
Court orders
#- 1.The Petition No. 12 of 2019 is dismissed with costs to the Respondents
- 2.ELC No. 37 of 2020 is dismissed with costs to the Defendant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Constitution of Kenya, 2010 (Articles 27, 28, 29, 40, 43 and 47 invoked in the petition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sang & 12 others v Principal Secretary. Ministry of Lands and Physical Planning & 33 others (Environment & Land Petition 12 of 2019 & Environment & Land Case 37 of 2020 (Consolidated)) [2024] KEELC 1261 (KLR)", Case Analysis (2024). Petition No. 12 of 2019 (formerly Petition No. 13 of 2017, ELC Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1261/eng@2024-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.