JOEL KIPRONO MUTAI V. COUNTY GOVERNMENT OF KERICHO & CHIEF OFFICER ROADS COUNTY GOVERNMENT OF KERICHO

RULING OF THE COURT

In the petition filed at the Environment and Land Court, Kericho, it is alleged that there has been violation of various Articles of the Constitution of Kenya, 2010. The applicant, Kiprono Mutai, sets out various reliefs sought; the court is asked to declare that the actions of the respondents, The County Government of Kericho (1st respondent) and The Chief Officer, Roads, County Government of Kericho (2nd respondent), on the applicant’s land known as Kericho/Chemoiben/186 contravened Articles 2, 3, 10, 28, 29, 31, 40 , 42, 47(2), 60(1) (b) and 69 of the said Constitution; that the applicant should be compensated for loss of 38 trees aged 41 years at Kshs.3,800,000; cost of landscaping at Kshs.868,200; loss of 135 tea bushes at Kshs.35,952; cost of re-fencing at Kshs.1,341,846; cost of 110 iron sheets at Kshs.100,000 and cost of engaging 3 security officers for 3 months at Khs.10,000 per month. Contemporaneous with the petition was a Notice of Motion where various o…