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Muhammad Swazuri v. Afrison Export Limited & Huelands Limited; National Land Commission, County Government of Nairobi, Director of Surveys, Chief Land Registrar, Cabinet Secretary of Education Science And Technology, Attorney General, Ethics and Anti-Corruption Comission, Cabinet Secretary Ministry of Lands And Physical Planning, Director of Public Prosecutions Patrick Thoithi Kanyuira (Interested Parties)

(2020) JELR 98864 (CA)

Court of Appeal  •  Civil Appeal (Application) 303 of 2019  •  4 Dec 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] The National Land Commission (Commission), who is the 1st interested party to the motion before us, filed a Reference before the Environment and Land Court (ELC) under Article 162(2)(b) of the Constitution and sections 127 and 128 of the Land Act, seeking determination of various issues, including the construction, validity and effect of title documents to LR. 7879/4 (suit property); whether the compulsory acquisition of the land comprising that title meets the constitutional threshold of public purpose; whether there has been loss of public funds; and to whom compensation is payable.

[2] At the time the Commission moved to court, Prof. Muhammad Swazuri (applicant) who was the Chairman of the Commission, swore an affidavit in support of the reference. In the reference, there were eleven parties who were cited as interested parties. These included Afrison Export Import Limited and Huelands Limited, who are the appellants in Civil Appeal No. 303 of 2019. A copy of …

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