Jackson Ekaru Nakusa & 32 others v National Land Commission, Attorney General & County Government of Turkana [2019] KEELC 4116 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

ELC PETITION NO. 3 OF 2019

JACKSON EKARU NAKUSA & 32 OTHERS...................PETITIONERS

VERSUS

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

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

COUNTY GOVERNMENT OF TURKANA...............3RD RESPONDENT

RULING

1. I have considered the application dated 11/3/2019. The same relates to compulsory acquisition of land within Turkana County, which is impugned.  An order is sought to stay the decision made by the 1st respondent evinced in Gazette Notice N. 1157.

2. In summary prayers 2, 3, 4 and 5 of the motion can be summed up into one prayer:  that the implementation of decision of the 1st respondent herein evidenced by the Gazette Notice No. 1157 of 8th February, 2019 be stayed pending inter-partes hearing of the application. It has already been submitted that the Gazette Notice had a time frame of 30 days which has already lapsed and that the respondent can initiate an inquiry.

3. However I find it to be more appropriate in a matter of this nature to have the matter certified urgent and the application be served upon the respondents for hearing inter-partes on an expeditious basis before any substantive orders are made.

4. I therefore certify the application dated 11/3/2019 as urgent. The same shall be served upon the respondents within 2 days of this order for hearing inter-partes on 19/3/2019.

It is so ordered.

Dated, signed and deliveredatKitale on this11thday of March, 2019.

MWANGI NJOROGE

JUDGE