REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KITALE ELC PET. NO. 2 OF 2014 IN THE ENVIRONMENT AND LAND COURT AT KITALE CONSTITUTIONAL PETITION NO. 2 OF 2014 IN THE MATTER OF INGRINGMENT & CONTRAVENTION OF FUNDAMENTAL RIGHTS & FREEDOM UNDER THE CONSTITUTION OF KENYA 2010 ARTICLES 22, 23, 24, 27 (1), (2), (4) & (5), 40, 47 (1), 60, 64, 67(2), 259 & 260 AND IN THE MATTER OF THE SETTLEMENT FUND SCHEME (SFTs) AND IN THE MATTER OF THE SETTLEMENT OF THE MEMBERS OF THE POKOT COMMUNITY ONTO THE CHEPCHOINA SETTLEMENT SCHEME FOLLOWING THE PRESIDENTIAL DECREE IN 1994 TO SETTLE MEMBERS OF THESE COMMUNITIES BEING LANDLESS & ADVERSELY AFFECTED BY THE CONSTRUCTION OF THE TURKWEL DAM COVERING OVER 41,000 ACRES OF GRAZING LAND ONTO THE AGRICULTURAL DEVELOPMENT CORPORATION (ADC) FARMERS AT TRANS NZOIA AND IN THE MATTER OF THE SERIES OF ILLEGAL, WRONGFUL AND UNLAWFUL ALLOCATION OF LAND WITHIN CHEPCHOINA SETTLEMENT SCHEME MEANT FOR MEMBERS OF THE POKOT SABAOT, LUHYA AND TURKANA COMMUNITIES TO FOREIGNERS AND OTHER WRONGFUL PERSONS AND IN THE MATTER OF THE FORGED ALLOTMENT LETTERS ISSUED
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FRO FOREIGHNERS AND OTHER WRONGFUL PERSONS OUTSIDE THE ADC FARMS AT TRANS NZOIA AND IN THE MATTER OF THE FORGED ALLOTMENT LETTERS ISSUED TO FOREIGHNERS AND OTHER WRONGFUL PERSONS OUTSIDE THE ADC FARMS AT TRANS NZOIA AND IN THE MATTER OF THE AGGRIEVED OF OVER 100,000 LEGALY ALLOTTED LAND MEMBERS FROM THE POKOT, SABAOT, TURKANA AND LUHYA COMMUNITIES BEING THE PETITIONERS/APPLICANT HEREIN AND IN THE MATTER OF:CHRISTOPHER KURUTYON LONYALA......................1ST PETITIONER MUSA TINYANG................................................................2 ND PETITIONER LONYANGAREN LOKORRIONKOR............................3RD PETITIONER ROBERT MATANDA.........................................................4 TH PETITIONER JOHN MATANDA..............................................................5 TH PETITIONER JOSEPH KANTICH............................................................6 THPETITIONER ELIZABETH CHEPSERET NDURURU.........................7TH PETITIONER PAMELA CHEPKEMOI NGEINWA...............................8TH PETITIONER ISAAC ATODO SIRE.........................................................9 TH PETITIONER TEGLA LOROUPE...........................................................10 TH PETITIONER MARKO CHEMASWET KAPSANDUI........................11TH PETITIONER MOSES KABURU............................................................12 TH PETITIONER LOKALE...........................................................................13 TH PETITIONER RAMANYANG PRECH BIWOTT...................................14TH PETITIONER ABRAHAM MARIAH KAMAKU...................................15TH PETITIONER KAKUTO YARANGOLE ALUKUNYANG....................16TH PETITIONER STEPHEN K.N. NGEIYWA...............................................17 TH PETITIONER ALEXANDER M. T. SIYWET...........................................18TH PETITIONER
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BEN M. NGEIYWA.............................................................19 TH PETITIONER MNANGAR RITENYANG SEPITOI................................20TH PETITIONER BOAZ NAIYWA....................................................................21 ST PETITIONER LOWGUROPUS LOKORKOU..........................................22 ND PETITIONER SAMWEL K. KAPAILEL.....................................................23 RDPETITIONER LOTANY LOTILIMAT.........................................................24 TH PETITIONER JAMES KABURU.................................................................25 TH PETITIONER BENJAMIN URIO.................................................................26 TH PETITIONER LORNAL EWOI......................................................................27 TH PETITIONER VERSUS CABINET SECRETARY MINISTRY OF LANDS AND SETTLEMENT...............................................1 ST RESPONDENT DIRECTOR OF LAND ADJUDICATION..........................2ND RESPONDENT DISTRICT LAND ADJUDICATION TRANS-NZOIA......................................3RD RESPONDENT COUNTY COMMISSIONER TRANS-NZOIA..................4TH RESPONDENT DEPUTY COUNTY COMMISSIONER KWANZA..........5TH RESPONDENT POLICE COUNTY COMMANDANT TRANS-NZOIA....6TH RESPONDENT ADMINISTRATION POLICY COUNTY COMMANDANT -TRANS NZOIA...............................................7 TH RESPONDENT INSPECTOR GENERAL OF POLICE.........................................8 TH RESPONDENT HON. ATTORNEY GENERAL......................................................9 TH RESPONDENT FRANCIS KAPCHANGA...............................................................10 TH RESPONDENT PETER CHAKALI............................................................................11 TH RESPONDENT RULING 1. The application dated 18/1/2018 seeks the following orders:(a) ……spent (b) That the applicants seek leave of court to amend this petition and be enjoined in Petition No. 2 of 2014 as Interested Party in the interests of justice without any prejudice. (c) That there be made such other and/or further orders as the ends of justice may demand. 2. The grounds upon which the application is made are that the applicants were allocated land by the Government in 1997 and 1998 through
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the ADC and they have been in peaceful occupation of then bona fide plots in ADC Chepchoina Phase ll S.F.T. Scheme which is now allegedly threatened by the respondents. 3. It is alleged that the applicants would suffer irreparable injury should their application be declined. Since their plots of land are their source of livelihood, income and place of abode. 4. I have noted that on 2/3/2016 a status quo order was made, that all those allottees who received land from the Government should maintain their respective portions without any interference from any quarters. That order was further clarified on 26/4/2016 by this court. This matter has proceeded. Two witnesses for the prosecution have given evidence. On 27/9/2017 this court ordered that the plaintiff will have I hour and 15 minutes more to present its case. 5. Lists of persons entitled to the land by whatever means they claim, will be available. I do not find any difference between the claim by the petitioners and the claim that the applicants now purport to have. Though I believe that this petition is a matter of public law and I believe that the petitioners interests are appropriately catered for in the petition even at present, I will exercise my discretion and allow the applicants named in the list filed in court and headed “Authority to plead and swear affidavits” to be enjoined as interested parties in this petition. They shall file their documents for use in the main petition within 21 days of the order herein and the other parties shall have leave to reply to those documents, if need be within 10 days of service. 6. The witnesses of the applicants in the list attached to the application shall be the only witnesses the applicants shall be allowed to file the affidavits of or to call as witnesses to testify in this petition and no other documents save those in the applicant’s list dated 18/1/2018 shall be allowed. 7. The application for an order to amend the petition is denied for the reason that a party may not be allowed to come into proceedings midway and purport to want to amend another party’s pleadings. Each party shall bear their own costs of this application in any event. Dated, signed and delivered at Kitale on this 28th day of February, 2018. MWANGI NJOROGE JUDGE 28/2/2018 Coram: Before: Mwangi Njoroge, Judge Court Assistant - Collins/Picoty Mr. Rono for petitioners Mr. Karani for 10th and 11th Respondent Mr. Karani holding brief for Wabwire for the 1st - 9th Respondents COURT Ruling read in open court. MWANGI NJOROGE JUDGE 28/2/2018
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