Ndewa & 12 others v Kenya Defence Forces & 3 others; County Government of Meru & another (Interested Parties) [2022] KEELC 3869 (KLR)

Ndewa & 12 others v Kenya Defence Forces & 3 others; County Government of Meru & another (Interested Parties) (Constitutional Petition E014 of 2021) [2022] KEELC 3869 (KLR) (28 July 2022) (Ruling)

Neutral citation: [2022] KEELC 3869 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Constitutional Petition E014 of 2021

CK Nzili, J

July 28, 2022

IN THE MATTER OF ARTICLES 22(1) 23 AND 162 (2) OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS OR FUNDAMENTAL FREEDOM UNDER ARTICLES 35, 40, 47 (1) 67 AND 68 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF THE COMMUNITY LAND ACT, ACT NO. 27 OF 2016 AND IN THE MATTER OF THE LAND ACT (ACT NO. 6 OF 2012) AND IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013

Between

Lawrence Kanyi Ndewa

1st Petitioner

Mwenda Thiribi

2nd Petitioner

Thiakunu Mwirabua

3rd Petitioner

Jeremiah Koronya Mailutha

4th Petitioner

Charles Mwiti Mugambi

5th Petitioner

Richard Kiambi

6th Petitioner

Vincent Murangiri

7th Petitioner

Muriithi Martin Kaindio

8th Petitioner

Mutembei Ikiao

9th Petitioner

Philip Igweta

10th Petitioner

Bernard M Njogi

11th Petitioner

Samuel Gitile

12th Petitioner

Peter Kaberia

13th Petitioner

and

Kenya Defence Forces

1st Respondent

Cabinet Secretary, Ministry of Defence

2nd Respondent

Cabinet Secretary, Ministry of Lands and Physical Planning

3rd Respondent

Attorney General

4th Respondent

and

County Government of Meru

Interested Party

National Land Commission

Interested Party

Ruling

1. The court has looked at the consent filed by the parties on July 15, 2022. Rule 29 of the Constitutionof Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, provides that parties with leave of the court, record an amicable settlement reached by the parties in partial or final determination of the matter. Rule 31 allows the court to refer and or allow for alternative dispute resolution.

2. Rule 27 thereof allows the court the power to decide and determine the juridical effects on any decision over discontinuance or withdrawal of a petition.

3. By the same implication and reasoning a proposed consent has to be considered the light of its juridical implications, its effects and constitutionality.

4. Given the above provisions the court finds there is need for parties to address it on the juridical effects of the proposed consent in the light of the two petitions and the parties enjoined and the effects it may have on them, and other third parties.

5. Each of the parties is given 14 days from the date hereof to file written submissions before the approval and adoption.

6. Ruling on September 21, 2022. All parties to be served.

DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT THIS 28TH DAY OF JULY, 2022In presence of:C/A: KananuMiss Kyalo for petitioners in petition no. E014 of 2021Miss Gitonga for petitioners in E013 of 2021Ikioo for 1st interested partyMiss Kimotho for Mungiria for 1st & 2nd respondentsMr. Kieti for Wachira for 3rd, 4th respondents and 3rd interested partyHON. C.K. NZILIELC JUDGE