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County Government of Bomet v. Moi University, Attorney General, Chief Land Registrar, Wilfred Lesian, Stephen Mutai, Cecilia Ngetich, Joyce Laboso, Sammy Koech, Bernard Bett & Ronald Tonui

(2017) JELR 103053 (CA)

Court of Appeal  •  Civil Appeal (Application) 216 of 2016  •  31 May 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

On 9th September, 2016, the COUNTY GOVERNMENT OF BOMET, the appellant herein filed an appeal dated 9th September, 2016 against the judgment of Muya, J. delivered on 8th June, 2016 wherein a negative finding was rendered on the question of alleged infringement of Articles 1, 2, 3, 6, 10, 42, 62, 67 70, 189 (A) (B)& (C) and 232 of the Constitution and Sections 1 and 5 of the Land Commission Act, Section 6 (1) of the County Government Act and Section 2 ( 2), 12 (7), 14 ( 1), 14 ( 4, 5, 6) of the Land Act as contended by the appellant. At the heart of the dispute before the trial court was the appellant’s assertion that the 3rd Respondent, acting in conjunction with the District Land Registrar Bomet District had purported to issue a certificate of lease to the 1st Respondent without involving the National Land Commission and the appellant. MOI UNIVERSITY, THE ATTORNEY GENERAL, THE CHIEF LAND REGISTRAR were named as the 1st, 2nd and 3rd respondents, respectively whil…

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