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County Government of Turkana v. National Land Commission, Attorney General & Jackson Ekaru Nakusa & 32 others

(2020) JELR 103034 (CA)

Court of Appeal  •  Civil Application138 of 2019 (ELD 42 of 2019)  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, Jamila Mohammed, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the Ruling by the Environment and Land Court (ELC) at Kitale (Mwangi Njoroge, J.). The County Government of Turkana (the appellant) and the 3rd respondent, Jackson Ekaru Nakusa, suing on behalf of 32 Ohers filed two suits by way of Constitutional Petitions being ELC Petition No. 2 of 2019 (1st Petition) and ELC Petition No. 3 of 2019 (2nd petition) respectively. They were challenging two Gazettes Notice dated 8/2/2019 and 15/2/2019 published by the 1st respondent, the National Land Commission, where notices were given on behalf of the National Government declaring an intention of the National Government to acquire land described in the said notices for development of Petroleum Oil and the LAPSSET Corridor.

2. The two petitions were consolidated and heard together as the learned trial Judge was persuaded that both suits raised related issues of acquisition of land within Turkana County and a similar complaint that run through both suits tha…

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