Justice & Peace Center Kitale v National Land Commission,County Government of Trans-Nzoia, Principal Secretary, Ministry of Agriculture & Attorney General [2019] KEELC 1317 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

ELC PETITION NO. 5 OF 2018

AS CONSOLIDATED WITH ELC PET. NO. 6 OF 2018 & ELC PET. NO. 7 OF 2018

JUSTICE AND PEACE CENTER KITALE......................PETITIONER

VERSUS

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

COUNTY GOVERNMENT OF

TRANS-NZOIA...........................................................2ND RESPONDENT

THE PRINCIPAL SECRETARY,

MINISTRY OF AGRICULTURE..............................3RD RESPONDENT

THE ATTORNEY GENERAL...................................4TH RESPONDENT

DIRECTIONS

1.  Petition No. 5 of 2018 (being this petition), Petition No. 6 of 2018 - Isaiah Wanyonyi & 42 Others -vs- The National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of Agriculture and The Attorney General and Petition No. 7 of 2018-Transnational Times Sacco Society Ltd -vs- National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of AgricultureandThe Attorney Generalwere filed at different times in the year 2018.

2. Upon examination of the petitions this court found that they all relate to some newspaper advertisement of 17th July, 2018 and 23rd July, 2018 issued by the National Land Commission who is the 1st respondent in all the petitions. The petitioners in the three petitions claim that their interests into land located within Block 6andBlock 7 - Kitale Municipality is threatened by the said press notices. They seek common prayers, mainly that the decision of the 1st respondent embodied in those newspaper notices is null and void and should be removed into this court and quashed.

3. For the reason that the petitions relate to land located in the same blocks and that they seek similar prayers, I hereby order that the three petitions be consolidated for the purpose of one unified judgment and that all parties do conclude the filing of their documents in their respective matters so that a judgment date may be issued. The lead file will be Petition No. 5 of 2018 - Justice & Peace Centre Kitale -vs- National Land Commission, County Government of Trans-Nzoia, Principal Secretary, Ministry of AgricultureandThe Attorney General. The original headings in the petitions shall all be retained in the respective filed documents, save that the words “as consolidated with Petition … and …”shall be added.

Dated, signedanddeliveredatKitale on this16thday of  October, 2019.

MWANGI NJOROGE

JUDGE

16/10/2019

Coram:

Before - Mwangi Njoroge, Judge

Court Assistant - Picoty

Mr. Nyamu for petitioners

Mr. Kuria for 3rd and 4th respondents

Mr. Bisonga holding brief for Mukhele for 2nd respondent

N/A for 1st respondent

COURT

Directions read in open court.

MWANGI NJOROGE

JUDGE

16/10/2019