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Commissioner of Police & 2 others v. Joseph Mburu Gitau & 634 others

(2020) JELR 103102 (CA)

Court of Appeal  •  Civil Appeal 227 of 2011  •  7 Aug 2020  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, Jamila Mohammed



[1] On 3rd March 2020, Civil Appeals Nos. 227 of 2011 and 179 of 2019 came before this Court for hearing. We ordered the two appeals which involved the same parties and arose from the same judgment, consolidated and heard together. In both appeals the appellants are dissatisfied with the judgment of the High Court (Nyamu, J) (as he then was), delivered on 2nd May, 2008 in which the learned Judge granted orders of prohibition against the appellants as follows:

“That judicial review order of prohibition be and is hereby issued to prevent the Commissioner of Police, the Commissioner of Lands and the Hon. The Attorney General by themselves, or their agents from evicting or interfering with the applicants’ quiet possession of LR. No. 209/14582-Nairobi South C”.

[2] The respondents’ application for orders of judicial review was precipitated by the action of the appellants who through the Officer Commanding Police Division (OCPD) Langata Division, on 24th March, 2005 led a…

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