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Benson Wekesa Milimo v. National Land Commission, Board of Management Sitatunga Secondary School & Christopher Khamwana

(2021) JELR 105723 (CA)

Court of Appeal  •  Civil Appeal 56 of 2018  •  19 Feb 2021  •  Kenya

Wanjiru Karanja, Hannah Magondi Okwengu, Fatuma sichale



1. This appeal arises from the decision of the Environment and Land Court (ELC) (Mwangi Njoroge, J), delivered on 20th March 2018 in which the learned Judge dismissed a judicial review application brought by Benson Wekesa Milimo (Benson) for orders of certiorari and prohibition against the National Land Commission (the Commission), the Board of Management Sitatunga Secondary School (the school), and Christopher Khamwana (Christopher).

2. Benson who is the registered proprietor of a parcel of land known as LR No. Trans-Nzoia/Sinyerere/66 (Sinyerere/66) was served with a notice of eviction dated 27th July 2017 by the Commission. Benson filed a Notice of Motion dated 31St October 2017, seeking orders of: certiorari to remove into the court and quash the notice of eviction issued to him by the Commission in respect of “the whole or part of all that parcel of land known as LR No. Trans-Nzoia/Sinyerere/66” and as wholly or partly referred to in the said notice of evictio…

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