Thuo & 151 others v National Land Commission & 4 others [2024] KEELC 608 (KLR)

Thuo & 151 others v National Land Commission & 4 others (Environment & Land Petition E004 of 2022) [2024] KEELC 608 (KLR) (7 February 2024) (Ruling)

Neutral citation: [2024] KEELC 608 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Environment & Land Petition E004 of 2022

BM Eboso, J

February 7, 2024

Between

Giciri Thuo & 151 others

Petitioner

and

National Land Commission

1st Respondent

Mama Ngina University College

2nd Respondent

Kenyatta University

3rd Respondent

Ministry of Education

4th Respondent

Kenya Human Rights Commission

5th Respondent

Ruling

1. The 2nd and 3rd respondents brought a notice of motion dated 2/2/2024, seeking transfer of this petition to the Land Acquisition Tribunal [the LAT]. Their case is that this court elected to exercise primary jurisdiction because the LAT had not been operationalized at the time but has since been operationalized and is available to adjudicate the dispute in the petition.

2. All the parties are in agreement that the petition [dispute] should be transferred to the LAT.

3. In the circumstances, this petition is hereby transferred to the Land Acquisition Tribunal for primary adjudication and disposal of the issues that fall within the mandate of the Tribunal. Up to this point, there will be no order as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 7TH DAY OF FEBRUARY 2024B M EBOSOJUDGEIn the presence of:Mr. Malenya for the PetitionerMr. Njoroge Regeru for the 2nd and 3rd RespondentsMs Masinde for the RespondentMs Ngira for the 4th and 5th RespondentsCourt Assistant: Hinga/Melita