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…December 2025) (Ruling) Neutral citation: [2025] KEELC 18471 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT GARISSA ENVIRONMENT AND LAND PETITION E012 OF 2025 MN GICHERU, J DECEMBER 19, 2025 IN THE MATTER OF…

…: THE CONSTITUTION OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68, 159(1)&(2), 160(1), 162(2) (B), 258 & 259 AND THE FOURTH SCHEDULE PART 2 OF…

…Article 43 (1) (b) of the Constitution of Kenya 2010 which guarantees inter alia, the right to accessible and adequate housing; b.…

…Article 28 of the Constitution of Kenya 2010 which guarantees the protection and respect of every person’s inherent dignity; e.…

…Therefore, pursuant to Article 165 of the Constitution of Kenya, 2010, the court possesses the authority to interpret and enforce the Constitution.…

…the Constitution of Kenya, 2010. 20.…

…the Constitution of Kenya 2010.…

…the Constitution of Kenya, 2010 and the statures. 37.   …

…The Respondents had jointly violated Article 10 of the Constitution of Kenya, 2010, by failing to act in an accountable and transparent manner.…

…the Constitution of Kenya, 2010. 13.   …

…The petitioner therefore sought the following reliefs: a) A declaration that the petitioner’s fundamental rights and freedoms as enshrined under Articles 40, 47, 48, and 60 of the Constitution of Kenya 2010 have been contravened…

…The third party averred that, under the Constitution of Kenya (2010), the mandate for the construction and operation of National Trunk Roads falls squarely on the National Government, to which the third party here is the…

…The Petitioner invokes the jurisdiction of this Court pursuant to Articles 22(1), 23(1), and 165(3) of the Constitution of Kenya, 2010, seeking the vindication of his fundamental rights, principally the right to property…

…the Constitution of Kenya, 2010, The Land Act 2012 Section 157 and The National Land Commission Act 2016 Section 11; d.   …

…A declaration that the Respondent violates Articles 2, 10, 19, 20, 21, 28, 40, 42, 47 and 50 (1) of the Constitution of Kenya, 2010 and the provisions of the Fair Administrative Actions Act. c.…

…The 1st Respondent was described as a body corporate established under Article 67 of the Constitution of Kenya, 2010.…

…The petitioner submits that he has the locus standi to institute the petition by dint of Articles 3,22,258 of the constitution of Kenya 2010.…

…Further, Article 3 of the constitution provides that every person has an obligation to respect uphold and defend the constitution of Kenya 2010.…

…the Constitution of Kenya 2010 has been contravened by the Respondents. a declaration be issued that the Petitioner’s right to fair administrative action guaranteed under article 47 of the Constitution of Kenya 2010 has…

…That the acquisition was done without adherence to the due process enshrined in the Constitution of Kenya 2010, specifically article 40 thereof which protect the right to property and mandates prompt, fair and adequate compensation…

…the constitution of Kenya 2010 and as contemplated under Section 5(1)(e) of the National Land Commission Act. b.…

…the constitution of Kenya 2010. 8.…

…(d), (g) and (2), AND 70 OF THE CONSTITUTION OF KENYA, 2010.…

…the Constitution of Kenya, 2010.…

…the Constitution of Kenya, 2010 and their right to fair Administrative Action under Article 47 of the Constitution of Kenya, 2010.…

…According to the Petitioner, the present Petition has been brought pursuant to the provisions of Article 40 and 47 of the Constitution of Kenya, 2010.…

…Moreover, the unlimited right to fair trial and the right of access to justice are enshrined in Articles 25 (c), 50 (1) and 48 of the Constitution of Kenya 2010.…

…the extent that it involved extension of the Tanzania border into parts of land that fell within the Kenyan Territory and contravened Articles 4(1) and 61(1) of the Constitution of Kenya 2010. c) An order that the Respondents…

…The Respondents' actions also violated the provisions of Articles 4(1) and 61(1) of the Constitution of Kenya 2010.…

…40 of the Constitution of Kenya 2010 regarding the protection of property ownership have been violated, and that the right to prompt, full, fair, and just compensation in cases of compulsory acquisition for public use or…

…appropriation has been breached by the Kenyan State. c) A declaration that the Petitioners’ rights to human dignity, freedom, and security of person, as guaranteed under Articles 28 and 29 of the Constitution of Kenya 2010…

…A declaration that Section 70 of the repealed constitution and/or article 40 and 60 (1)(d) of the Constitution of Kenya, 2010 was infringed by the 4th and 5th respondents who oversaw the process by which plot 11353/I/MN and…

…A declaration that Section 77 (9) of the repealed constitution and/or article 47 of the Constitution of Kenya, 2010 was infringed by the 3rd and 4th respondents who oversaw the process by which plot 11353/I/MN and/or 11352…

…the Constitution of Kenya, 2010; b)   A declaration that by issuing a title deed to third parties over the property known as Mombasa/Block XXI/469, the Respondents have violated the Petitioner’s and/or proprietors in common…

…right to property guaranteed under Article 60(1) of the Constitution of Kenya, 2010; c)   A declaration that the Respondents have violated the Petitioners’ and/or Proprietors in Common rights and legitimate expectation to…

…the Constitution of Kenya 2010.…

…of Kenya 2010. 58.…