Trans National Times Sacco & Society Limited Formerly Trans Nzoia Teachers Sacco v National Land Commission,County Government of Trans-Nzoia & Principal Secretary Ministry of Agriculture [2019] KEELC 4510 (KLR) | Land Ownership Disputes | Esheria

Trans National Times Sacco & Society Limited Formerly Trans Nzoia Teachers Sacco v National Land Commission,County Government of Trans-Nzoia & Principal Secretary Ministry of Agriculture [2019] KEELC 4510 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

CONSTITUTIONAL PETITION NO. 7 OF 2018

TRANS NATIONAL TIMES SACCO

SOCIETY LIMITED FORMERLY

TRANS NZOIA TEACHERS SACCO…................PETITIONER

VERSUS

THE NATIONAL LAND COMMISSION …..….1ST DEFENDANT

COUNTY GOVERNMENT OF

TRANS-NZOIA……………………………………………2ND DEFENDANT

PRINCIPAL SECRETARY

MINISTRY OF AGRICULTURE………………..3RD DEFENDANT

RULING

1.  I have examined the petition and the other documents filed herein and I find that this matter concerns parcels of land known as Block 6andBlock 7 Kitale Municipality.

2.  Recently I issued orders in another suit to wit KITALE ELC. PET NO. 6 OF 2018 ISAIAH WANYONYI & 42 OTHERS VERSUS NATIONAL LAND COMMISSION, COUNTY GOVERNMENT OF TRANS-NZOIA, PRINCIPAL SECRETARY MINISTRY OF AGRICULTURE, AND HON. ATTORNEY GENERALon 6/2/2019 to the effect that the respondents therein who are essentially the same respondents herein, are prohibited from interfering with the ownership and use of the pieces of land known as Kitale Municipality 6and7 and from imposing penalties, revoking of Titles and placing restrictions on the said documents amongst other actions pending hearing and determination of this conditional petition.

3.  Since that cited petition is in respect of land that is situate within the same blocks mentioned herein, those orders will apply to this petition. That direction disposes of the instant application.

Dated, signed and delivered at Kitale on this 25thday of February, 2019.

MWANGI NJOROGE

JUDGE

25/2/2019

Coram:

Before - Hon. Mwangi Njoroge, Judge

Court Assistant - Picoty

Mr. Wanyonyi holding brief for Mukele for 2nd respondent

Mr. Chebii holding brief for Kiveu for petitioner

N/A for 1st respondent

N/A for Attorney General

COURT

Ruling read in open court.

MWANGI NJOROGE

JUDGE

25/2/2019