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Chief Land Registrar, Registrar of Titles, Ministry of Lands, Director of Survey & Attorney General v. Nathan Tirop Koech,Zacharia Kimutai Kosgei, Ezekiel Kiptoo,Ernest Kibet & National Land Commission

(2018) JELR 103215 (CA)

Court of Appeal  •  Civil Appeal 51 & 58 of 2016 (Consolidated)  •  6 Dec 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Jamila Mohammed, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. Land ownership and land rights is both a historical and emotive subject in Kenya. A right to hold property is a constitutional right as well as a human right and no person can be deprived of his property except in accordance with the provisions of the Constitution or Statute. The condition precedent to taking away anyone's property is that the authority must ensure compliance with the Constitution and Statutory provisions. This appeal relates to an alleged acquisition, seizure and subsequent sub-division of the 1st to 4th respondents’ land without following due process of law. At the centre of the dispute between the parties is the protection of private property as enshrined in Section 75 of the retired Constitution and Article 40 of the 2010 Constitution. The suit property is Land Reference No. I.R. 17542 (L.R. 10492) situate in Eldoret Municipality measuring three thousand two hundred and thirty six (3,236) acres.

2. The 1st to 4th respondents contend that at …

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