Justice & Peace Center Kitale v National Land Commission & 3 others [2019] KEELC 1317 (KLR)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KITALE ELC PETITION NO. 5 OF 2018 AS CONSOLIDATED WITH ELC PET. NO. 6 OF 2018 & ELC PET. NO. 7 OF 2018 JUSTICE AND PEACE CENTER KITALE......................PETITIONER VERSUS NATIONAL LAND COMMISSION...........................1ST RESPONDENT COUNTY GOVERNMENT OF TRANS-NZOIA...........................................................2 ND RESPONDENT THE PRINCIPAL SECRETARY, MINISTRY OF AGRICULTURE..............................3RD RESPONDENT THE ATTORNEY GENERAL...................................4TH RESPONDENT DIRECTIONS 1. Petition No. 5 of 2018 (being this petition), Petition No. 6 of 2018 - Isaiah Wanyonyi & 42 Others -vs- The National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of Agriculture and The Attorney General and Petition No. 7 of 2018 -Transnational Times Sacco Society Ltd -vs- National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of Agriculture and The Attorney General were filed at different times in the year 2018. 2. Upon examination of the petitions this court found that they all relate to some newspaper advertisement of 17th July, 2018 and 23rd July, 2018 issued by the National Land Commission who is the 1 st respondent in all the petitions. The petitioners in the three petitions claim that their interests into land located within Block 6 and Block 7 - Kitale Municipality is threatened by the said press notices. They seek common prayers, mainly that the decision of the 1st respondent embodied in those newspaper notices is null and void and should be removed into this court and quashed. 3. For the reason that the petitions relate to land located in the same blocks and that they seek similar prayers, I hereby order that the three petitions be consolidated for the purpose of one unified judgment and that all parties do conclude the filing of their documents in their respective matters so that a judgment date may be issued. The lead file will be Petition No. 5 of 2018 - Justice & Peace Centre Kitale -vsNational Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of Agriculture and The Attorney General. The original headings in the petitions shall all be retained in the respective filed documents, save that the words “ as consolidated with Petition … and …” shall be added. Dated, signed and delivered at Kitale on this 16th day of October, 2019. MWANGI NJOROGE JUDGE 16/10/2019 Coram:

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