County Government of Turkana v National Land Commission & Attorney General [2019] KEELC 4184 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

ELC PETITION NO. 2 OF 2019

COUNTY GOVERNMENT OF TURKANA.........................PETITIONER

VERSUS

NATIONAL LAND COMMISSION..............................1ST RESPONDENT

THE ATTORNEY GENERAL......................................2ND RESPONDENT

RULING

1. I have examined the application dated 8/3/2019.  Prayer No. 2 seeks a conservatory order staying the implementation of the respondents’ decision to compulsorily acquire land in Turkana County an evinced in Gazette Notice No. Vol. C XX1 No. 16 dated 8th February, 2019 issued by the 1st respondent.

2. I have already observed in Petition No. 3 of 2019 which is closely related to this that it is appropriate to have the matter certified urgent and the application set down for hearing on an expeditious basis.

3. I therefore certify the application dated 8/3/2019 urgent.  I order that the same be served upon the respondents within 2 days for inter-partes hearing on 19/3/2019.

It is so ordered.

Dated, signed and delivered at Kitale on this 11th day of  March, 2019.

MWANGI NJOROGE

JUDGE