Case law
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Division and case type: Environment and Land CourtPetition
…Administrative Action Act, 2015.…
…Section 5 of the Fair Administrative Actions Act enforces the provisions of Article 47 of the Constitution which protects the public from unfair administrative actions by public bodies through the provisions of Article 47…
Division and case type: Environment and Land CourtPetition
…the revocation of the petitioner’s title in respect of the land parcel Kisii Municipality/Block III/289 was ultra vires the provisions of Section 14 (2) & (7) of the National Land Commission Act, 2012, Section 7 of the Fair…
…Administrative Actions Act, 2015, and the Land Registration Act, No. 3 of 2012.…
Division and case type: Environment and Land CourtPetition
…unconstitutional, and constitute trespass on private land. b) Declaration that the Respondent has violated 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) In the alternative, the Respondent compensates the Petitioners for the market value of the suit property, which is the sum of Kshs—70,000,000/= as per the valuation report dated 21 April 2022…
Division and case type: Environment and Land CourtPetition
…Administrative Action Act; (i)Issuing the titles contrary to Section 4(2) and 3A of the Fair Administrative Actions Act. 5.…
…The petitioner, relying on Section 4 (2) of the Fair Administrative Action Act, the Republic vs National Land Commission and 2 Others Ex parte Ravindra Ratilal Taylor & 3 others CEC Lands, Housing, Physical Planning Uasin…
Division and case type: Environment and Land CourtPetition
…Administrative Actions Act. 139.…
…Administrative Actions Act). 232.…
Division and case type: Environment and Land CourtPetition
…of is illegal, unconstitutional and amounts to trespass to private land; b) A declaration that the respondent is in violation of Articles 2, 10, 19, 20, 21, 40, 42, 47 and 50(1) of the Constitution of Kenya 2010 and the Fair…
…Administrative Action Act; c) Compensation for the demolished perimeter fence, destroyed crops, fruits, grown trees, use of land; and cost of restoration of the suit properties valued at Kshs.3,580,000/-; d) General damages…
Division and case type: Environment and Land CourtPetition
…the Constitution of Kenya; d) A declaration that the 1st - 3rd Respondents’ actions in taking away the Petitioner’s land without fair administration of justice violated his rights as enshrined in Articles 40, 47 and the Fair…
…Administrative (Actions) Act 2015; e) A declaration that the meeting and subsequent minutes and purported recommendations of the County Regularization Committee dated 19th January, 2021 and the supposed letter of the 1st…
Division and case type: Environment and Land CourtPetition
…illegal exercise of power, which undermines the rule of law and is a violation of the petitioners rights under Article 47(1) and 50(1) of the constitution and constitutes a breach of statute law, including section 4 of the Fair…
…Administrative Actions Act. d.…
Division and case type: Environment and Land CourtPetition
…Administrative Action Act.…
…In addition, that it contravenes Section 14 and 15 of the National Land Commission Act, Section 4 of the Fair Administrative Actions Act, Article 10 and Article 40 of the Constitution.…
Division and case type: Environment and LandPetition
…CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR…
…ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS ACT AND IN THE MATTER OF THE ILLEGAL DEVELOPMENT OF MUTLIPLE DWELLIMG UNITS ON LAND PARCEL TITLE NOS.…
Division and case type: FamilySuccession Cause
…CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR…
…ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS ACT AND IN THE MATTER OF THE ILLEGAL DEVELOPMENT OF MUTLIPLE DWELLIMG UNITS ON LAND PARCEL TITLE NOS.…
Division and case type: Environment and Land CourtPetition
…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.…
Division and case type: Environment and Land CourtPetition
…Section 4 of the Fair Administrative Actions Act. 7 The Petition is supported by the Affidavit of Mohamed Suleiman Shee with the authority of the rest of the Petitioners and reiterates the averments in the petition and attaches…