REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CONSTITUTIONAL PETITION NO. 2. OF 2015 IN THE MATTER OF ARTICLES 22 AND 23 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF PROTECTION OF THE RIGHTS TO PRIVATE PROPERTY UNDER ARTICLE 40 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLES 19, 20,22,23,40, AND 159 OF THE CONSTITUTION OF KENYA 2010 SOLOMON KIRERA MUTUNGI .............................................................1ST PETITIONER PETER MWONGERA..............................................................................2ND PETITIONER JAMES MUTHURI M’MUNGANIA ........................................................3RD PETITIONER FREDRICK MUGAMBI MAIRUKI.............................................................4TH PETITIONER FRIDAH GACHERI....................................................................................5TH PETITIONER CORNELIUS MUTHURI KIRERA.............................................................6TH PETITIONER ISAAC M’MBOGORI M’ITIMITU.............................................................7TH PETITIONER STEPHEN MWORIA ................................................................................8TH PETITIONER NJAGI NGETU...........................................................................................9TH PETITIONER PATRICK GAKUUBI M’KIRINYA T/A PAKELEX DRY CLEANERS...1OTH PETITIONER PAUL GITONGA ......................................................................................11TH PETITIONER JUSTUS MBAYA MUGAMBI...................................................................12TH PETITIONER VERSUS THE MERU COUNTY GOVERNMENT.........................................................RESPONDENT
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RULING This application is dated 13/01/2015 and seeks orders:1. THAT this application be certified urgent and service be dispensed with in the first instance. 2. THAT this Honourable Court be pleased to issue temporary conservatory orders to restrain the respondents, the County Minister of Lands and any other employee or agent of the Respondent from fencing off or interfere with the Petitioners rights over their leasehold properties namely L.R. No MERU MUNICIPALITY BLOCK 11/736, 719, 738, 732, 728, 725, 729, 730, 722, 735 and 737 pending the hearing and the determination of this application interparties. 3. THAT this Honourable Court be pleased to issue temporary conservatory orders to restrain the respondents, the County Minister of lands and any other employee or agents of the Respondents from fencing off or interfere with the petitioners rights over their leasehold properties namely L.R. No. MERU MUNICIPALITY BLOCK 11/736, 719, 738, 732, 728, 725, 729, 730, 722, 735 and 737 pending the hearing and determination of this petition. 4. THAT this Honourable Court be pleased to issue conservatory orders directed at the respondent to remove the bill board declaring the petitioners leasehold properties as the property of the Meru County Government pending the hearing and determination of this application and the main petition. It is supported by the Affidavit of James Muthuri the 3rd Petitioner and has the following grounds:a) THAT the petitioner are the lawfully registered owners of their respective leasehold properties and the respondent is threatening and has started to fence off and block the petitioners from accessing their private property. b) THAT the respondent’s predecessor relinquished its rights over the petitioners leasehold properties and the respondent has no legal capacity to interfere. c) THAT the Petitioner’s have paid dearly for their respective properties whose certificates of lease were granted by the Government of Kenya which has never been revoked or compulsorily acquired. d) The Petitioners have paid the requisite rents and rate to the respondent for the said properties and their predecessor the Municipal Council of Meru. On 02/11/2015 the parties proffered a Consent dated 2/11/2015 which asked the Court to adopt as its order. The Consent is in the following terms:“By Consent” 1. THAT the application by the Petitioners dated the 13th day of January, 2015 be allowed in terms of Prayer 3 pending the hearing and determination of the Petition. 2. THAT there be no orders as to costs. 3. THAT the Petitioners be granted 30 days leave within which to file a Supplementary Affidavit to the Petition and leave to the Respondents to respond if need be. The Consent is duly signed by the Advocates representing the parties.
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The Consent is adopted as an order of this Court. It is so ordered. Delivered in open Court at Meru this 2nd day of November, 2015 in the presence of:- CC: Lilian/ Daniel Gikunda Anampiu for Petitioners Laichema for Respondent. P. M. NJOROGE JUDGE
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