REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU CONSTITUTIONAL PETITION NO. 4 OF 2020 IN THE MATTER OF ARTICLE 63 (1), (2), (b), (d) (3) and (4) ARTICLES 62 (1), (g), ARTICLE 10, 258 AND ARTICLE 10 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF SECTION 6 (6), (8) AND SECTION 26 OF THE COMMUNITY LAND ACT 2016 AND IN THE MATTER OF THE WILDLIFE AND CONSERVATION ACT 2013 AND IN THE MATTER OF THE CONSTITUTION OF KENYA PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS PRACTICE AND PROCEDURE RULES BETWEEN LERUK MURUSI ...........................................................................1 ST PETITIONER LECHEKU ANGELE ....................................................................2 ND PETITIONER LRADO STEPHEN LTERIOS .....................................................3 RD PETITIONER LTETIAN LERUPES .....................................................................4 TH PETITIONER STEVE TIMBOR ...........................................................................5 TH PETITIONER LENDODODO LOLBALANGA....................................................6 TH PETITIONER JIMMY LENEEPE..........................................................................7 TH PETITIONER STEPHEN LESOROH GAMBARE...............................................8 TH PETITIONER JAMES MARLENI ..........................................................................9 TH PETITIONER LPIRIKONI NEEPE .....................................................................10 TH PETITIONER PATRICK KURAKI ......................................................................11 TH PETITIONER SAMUEL LOIBARBAN ...............................................................12 TH PETITIONER FRANCIS LEADUMA ..................................................................13 TH PETITIONER AND
page 1 of 2
THE COUNTY GOVERNMENT OF MARSABIT ...................1ST RESPONDENT THE CHIEF OF THE KENYA DEFENCE FORCES ..............2ND RESPONDENT THE CABINET SECRETARY MINISTRY OF DEFENCE....3RD RESPONDENT THE HON. ATTORNEY GENERAL ........................................4TH RESPONDENT RULING 1. This court is in the process of hearing and determining the application dated 24.3.2020. The applicants however pray for conservatory orders in the interim. They contend that the petitioners are challenging the whole process of acquisition of the land since the provisions of the constitution and the community land Act were not followed. 2. The respondents particularly the 2 nd and 3rd respondents contend that no prima facie case has been established at this stage and that petitioners are only challenging the process of public participation.They aver that any error can be remedied by way of compensation and that the military is acquiring the land for a public purpose. 3. I find that conservatory orders are usually granted on the inherent merits of a case, bearing in mind the aspect of public interest and constitutional values. – See Gatirau Peter Munya vs Dickson Mwendwa Kithinji and 2 others (2014) eKLR. 4. In the present case, the matter is at the infancy stage, whereby the respondents are yet to file their responses to the application. The court needs to be seized of the full facts appertaining to the dispute before the issuance of any orders. 5. In the circumstances I decline to grant any orders at this stage. DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF JULY, 2020 HON. LUCY. N. MBUGUA ELC JUDGE ORDER The date of delivery of this ruling was given to the parties on 1.7.2020 in the virtual presence of advocates for the parties. In light of the declaration of measures restricting court operations due to the COVID-19 pandemic and following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17 th April 2020 as Gazette Notice no.3137, this ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. HON. LUCY N. MBUGUA ELC JUDGE
page 2 of 2