DIRECTOR, KENYA WILDLIFE SERVICES V. MIKULULO RANCHING COMPANY LIMITED,DISTRICT COMMISSIONER, MAKUENI DISTRICT,ATTORNEY GENERAL & COUNTY GOVERNMENT OF MAKUENI

RULING OF THE COURT

The dispute between the applicant and the 1^st respondent specifically is over the occupation and use of land located in Mikululo area which the applicant insists is part of the Chyulu Hills National Park, while the 1^st respondent states the same land is part of their settlement. The portion in question measures 17,362 Ha (the suit property).

It was the applicant’s case that it holds Grant No. IR 84005 for L.R No. 24362 which is the entire area of the park for a term of 999 years from 1^st February, 2000.

The 1^st respondent, on the other hand, contended that the suit property was Government trust land initially under the mandate of the former Masaku County Council and that its occupation by its members was authorized by that Council; that its members have been in occupation of an area measuring 42,000 acres; that vide a Gazette Notice dated 2^nd May, 1995 the applicant extended the park by 76.0 square kilometers which includes the 42,000 acres that the 1^st respondent’s m…