SAFEPAK LIMITED V. HENRY WAMBEGA, KEA SUDI JUMAA, DAMA CHARO MWANGO, VINCENT MWANYONYO DECHE, ESTHER TEZI WANJE, ATTORNEY GENERAL, KATHINI SPRING WATER LIMITED, COOPERATIVE BANK HOUSING SOCIETY, CANNON ASSURANCE COMPANY LIMITED, HEDGE FARM LIMITED, NAAMAN BIN ALI BIN MUSES & NATIONAL LAND COMMISSION

JUDGMENT OF THE COURT

1. This appeal arises from a ruling delivered on 13^th December 2018 by the Environment and Land Court (ELC) at Mombasa (Omollo, J.) ordering the 1st to 5th respondents to elect, within 30 days of that ruling, whether to pursue redress for alleged historical land injustices through ELC Constitutional Petition No. 2 of 2018 or through ELC Case Nos. 13 of 2014 as consolidated with ELC Case No. 142 of 2014. The ELC further ordered that “in default of exercising such an election” ELC Constitutional Petition No. 2 of 2018 “shall stand dismissed with costs to the respondents .”

Background

2. On 25^th January 2018, the 1st to 5th respondents (the petitioners), on their own behalf and on behalf of many other persons, petitioned the ELC at Malindi in Constitutional Petition No. 2 of 2018 seeking declarations: that their right to property and their right to dignity under Articles 40 and 28 respectively of the Constitution have been violated; that the numerous properties mention…