REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CONSTITUTIONAL PETITION NO. E003 OF 2020 IN THE MATTER OF THE CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS AS ENSHRINED UNDER ARTICLES 19, 20, 21, 22, 23, 24, 40,47, 67 AND 68 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF THE FAIR ADMINISTRATIVE ACTION ACT, 2015 AND IN THE MATTER OF THE COUNTY GOVERNMENT ACT, 2012 AND IN THE MATTER OF PHYSICAL PLANNING ACT, CAP. 286 BETWEEN GATARAKWA FARMERS COMPANY LIMITED ...........................................1 ST PETITIONER ANNAH NGUNJU WANJUKI .....................................................................2 ND PETITIONER VERUSUS THE COUNTY GOVERNMENT OF LAIKIPIA .................................................RESPONDENT JUDGMENT By way of a Notice of motion dated 9th November, 2020 the petitioners seek conservatory orders to restrain the respondents by themselves, their employees, officers, servants, agents or by any other person whomsoever acting on their behalf from interfering or dealing with EUASONYIRO SUGUROI BLOCK 6/977. This application is opposed on the grounds that; i. The petitioners have no Locus Standi to institute the suit over the subject land parcel as it is public utility registered in the name of the government of Kenya. ii. The 1st petitioner no longer exists as a legal entity having been wound up after fulfilling the objectives for which it had been incorporated. That this fact has not been controverted by way of affidavit evidence. iii. The 2nd petitioner has not demonstrated what interest she claims over the suit land to warrant any protection. iv. The petitioners case is a land matter claim disguised as a constitutional petition. CONSTITUTIONAL PETITION NO. E003 OF 2020 1
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v. The issues in the petition were determined vide Nyeri High Court Petition No. 15 of 2013 between the petitioner and the Attorney General & Another (2014) eKLR which is on all fonds on issues to the present suit. vi. The respondent is the custodian of all public utility land within its area of jurisdiction and cannot be injuncted by the petitioners who are trying to abuse court process using the instant petition. vii.The issues raised herein were adequately respondents prior to the institution of the suit. answered by the viii. The matter falls under the jurisdiction of the Environment and Land Court by dint of section 13(1) as read with section 13(7) of the Environment Land Act, 2011. ix. That the case fails the test laid down in the Anavita Karimi Njeru vs. Republic (1979) eKLR for lack of specificity on the bill of rights alleged to have been violated. The petitioners in their further affidavit dated 4th May, 2022 contend that it is not correct that they have no locus standi. They concede that the suit land reads government land but there are two (2) petitions – Petition 8 and Petition 10 of 2015 Nyeri ELC seeking restitution over the said land. The petitioner denies the contents of paragraph 2 and states that their constitutional petition sets out with degree of precision, the petitioners complaint, the provisions infringed and the manner in which they are alleged to be infringed. The petitioner also denies the contents of paragraph 3 and contends that Nyeri High Court Petition No. 15 of 2013 is now known as Nyeri ELC Petition No. 10 of 2015 which matter is still pending before the court and that the government of Laikipia is not a party. Analysis and Determination Issue Whether a conservatory order should issue as prayed? It is not in dispute that parcel of land EUASONYIRO SUGUROI BLOCK 6/977 is government land. Neither is it disputed that the 1 st petitioner no longer exists as a legal entity having been wound up. The 2nd petitioner ANAH NGUNJU WANJUKI has not demonstrated her interest over the suit land though it is claimed that she is a member of the 1 st applicant. CONSTITUTIONAL PETITION NO. E003 OF 2020 2
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In the applicant’s submissions dated 8th December, 2020 the issues for determination were framed in the following manner; a) Ownership of Eusonyiro/Suguroi/Block 6/977 b) Legality of Enforcement Notices c) Costs of the suit It is abundantly clear that the petitioners filed a claim in land which they have disguised as a constitutional petition. Section 13(1) as read with section 13(7) of the Environment and Land Court Act, 2011 provides for matters on ownership of land to fall under the Environment and Land Court but not the High Court. The petitioners concede that Nyeri High Court Petition No. 15 of 2013 morphed to Nyeri ELC Petition No. 10 of 2015. They are silent as to whether the issues in the said case are similar to the present petition. That silence is taken as concession. This claim for ownership of land cannot be adjudicated before this court which I find lacks jurisdiction. The Petition has no merit and it is dismissed with costs. RULING READ, DATED and DELIVERED virtually this 17th day of March, 2026. ____________________________ MARTIN M. MUYA JUDGE In the Presence of: Miss Muriithi – For the Petitioner Court assistant - Isacko CONSTITUTIONAL PETITION NO. E003 OF 2020 3
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