ARITHI SELF HELP GRAZING GROUP V. LAND ADJUDICATION OFFICER, IMENTI NORTH/SOUTH/MERU CENTRAL & BUURI & ANOR

JUDGMENT

1. The exercise by courts and tribunals of judicial authority pursuant to Article 159(1) and (2) of the Constitution is predicated on the principle that proceedings brought before them are founded on identifiable rights of claim that are justiciable at law, including the right to enforce corresponding obligations imposed on the State to facilitate the realisation of those rights. For instance, Article 40 of the Constitution guarantees protection of the right to property subject, however, to proof that such rights exist as against real and identifiable persons, the term “persons” being used here within the meaning of

   Article 260 of the Constitution.

2. By a petition filed at the Environment and Land Court at Meru in ELC Petition No. 28 of 2015, the appellant (Arithi Self Help Grazing Group) – through its Chairperson, Secretary and Treasurer) prayed for: a declaration that the petitioner’s fundamental rights and freedoms as guaranteed under Article 40 of the Constitution of Kenya, 2010 …