Cherop & 3 others v Inspector General National Police & 2 others [2024] KEELC 1769 (KLR)

Cherop & 3 others v Inspector General National Police & 2 others (Environment & Land Petition 2 of 2024) [2024] KEELC 1769 (KLR) (11 April 2024) (Ruling)

Neutral citation: [2024] KEELC 1769 (KLR)

Republic of Kenya

In the Environment and Land Court at Nakuru

Environment & Land Petition 2 of 2024

A Ombwayo, J

April 11, 2024

IN THE MATTER OF THE ENFORCEMENT OF THE BILL OF RIGHTS UNDER ARTICLES 22(1) (2), 23, 165(3) (b) AND 258 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 10, 19, 20(1) (2), 21 (1), (3), 27, 28, 35, 40, 41, 46 AND 47 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF THE FAIR ADMINISTRATIVE ACTIONS ACT NO.4 OF 2015 AND IN THE MATTER OF THE COUNTY GOVERNMENT ACT NO. 17 OF 2012 AND IN THE MATTER OF THE URBAN AREAS AND CITIES ACT OF 2012 AND IN THE MATTER OF ALCOHOLIC DRINKS CONTROL ACT AND IN THE MATTER OF BLANKET CLOSURE OF BARS AND RESTAURANT

Between

Evans Kiprutto Cherop

1st Petitioner

Mary Angela Mumbi

2nd Petitioner

Joytriza Wancari Mureithi

3rd Petitioner

Milkah Kemunto Joseph

4th Petitioner

and

The Inspector General National Police

1st Respondent

The Cabinet Secretary for Internal Security and Cordination of National Government

2nd Respondent

The Honorable the Attorney General

3rd Respondent

Ruling

1. Parties have not complied with the courts directions. However, I have perused the application and do find that the prayers sought by the petitioner do not revolve on Articles 162 (2) b of the constitution. They do not relate to the environmental land use or title. I do find that this court lacks the prerequisite jurisdiction to determine the issues raised.

2. The petition is hereby transferred to the High Court that has original unlimited jurisdiction in such matter.

RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 11TH DAY OF APRIL 2024. A O OMBWAYOJUDGE