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ELCDismissedNotice of motion dated 30.1.2024 in a Constitutional Petition, Eldoret· [2024] KEELC 6750 (KLR)

Keitany & 8 others v Land Registrar, Uasin Gishu & 5 others; Changwony & 280 others (Interested Parties) (Environment & Land Petition E002 of 2024) [2024] KEELC 6750 (KLR)

Environment and Land Court
15 October 2024
EOE. O. Obaga
2,171 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 refused to halt land cases or freeze Sergoit Holding Ground titles, ruling the applicants waited too long and proved nothing warranting emergency relief.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court at Eldoret (E. O. Obaga, J) on a notice of motion dated 30 January 2024 filed by three Petitioners in a constitutional petition challenging the national land titling process on Sergoit Holding Ground L.R No. 883/2. The Applicants alleged that the 4th, 5th and 6th Respondents hijacked the beneficiary-ascertainment taskforce, generated a list dated 7 September 2016 allocating themselves, relatives and officials large parcels, and that the resulting 273 titles (Sergoit/Karuna Block 5 (Crown Land)/1 to /273, except plot No. 41) were fraudulently procured. The petition sought declarations of nullity, cancellation of titles, and a fresh audit and titling process. The motion sought a stay of five pending lower court ELC cases and preservative injunctions restraining dealings with and cultivation of the suit parcels pending trial. The court framed two issues: whether a stay of the lower court proceedings was justified, and whether the threshold for conservatory orders was met. Applying Turbo Highway Eldoret Ltd v Muniu on stay of proceedings, the court held that stay is drastic and requires exceptional circumstances; the Applicants were not parties to the lower court suits, the titling concluded around 2016, and no special circumstances explained the delay. On conservatory relief, the court noted that the alleged irregularities had been investigated by the DCI with no criminal culpability established and that aggrieved persons had been directed to the ELC individually. The application was dismissed with costs to the 4th, 5th and 6th Respondents.

Key legal issues

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01

Whether proceedings in the five lower court ELC cases should be stayed pending determination of the petition

Holding

Stay refused; Applicants are not parties to those suits and no exceptional or special circumstances were shown, especially given the delay since the 2016 titling process

Reasoning

The court noted the Applicants fault the entire titling process but are strangers to the lower court suits. Citing Turbo Highway Eldoret Ltd v Muniu, stay requires exceptional circumstances and expedition. Titling concluded around 2016, the suits were filed in 2023 and the application made in 2024, an over-eight-year gap with no special circumstances offered.

p. 6
02

Whether conservatory orders/injunctions should issue pending hearing of the petition

Holding

Refused; the Applicants did not demonstrate a case warranting conservatory orders on the affidavit evidence

Reasoning

The court observed that the complaints raised had been investigated by the DCI, which found no criminal culpability, and aggrieved persons were directed to the Environment and Land Court individually. Granting conservatory orders over titles issued following that process would not serve the interests of justice on the affidavit material.

p. 6

Legal principles established

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  • Stay of proceedings is a drastic step to be granted only in deserving cases upon demonstrated exceptional circumstances
  • In constitutional cases, a party seeking interlocutory relief must show a case which, looked at in totality, convinces the court that conservatory orders are warranted

Court orders

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  1. 1.The Applicants' Notice of motion dated 30.1.2024 is dismissed with costs to the 4th, 5th and 6th Respondents

Authorities

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Legislation

  • Constitution of KenyaArticle 232
  • Constitution of KenyaArticle 10
  • Constitution of KenyaArticle 27
  • Constitution of KenyaArticle 42 as read with Article 69
  • Constitution of KenyaArticle 44

Cases cited (1)

  • Turbo Highway Eldoret Ltd –vs- Muniu
    Civil Appeal E040 of 2021, (2022) KEHC 10197 KLR (30 June 2022) Ruling
Jurisdiction invoked
Original constitutional petition jurisdiction (Constitution of Kenya); interlocutory notice of motion within the 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, "Keitany & 8 others v Land Registrar, Uasin Gishu & 5 others; Changwony & 280 others (Interested Parties) (Environment & Land Petition E002 of 2024) [2024] KEELC 6750 (KLR)", Case Analysis (2024). Notice of motion dated 30.1.2024 in a Constitutional Petition, Eldoret. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6750/eng@2024-10-15

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