SHERIA MTAANI NA SHADRACK WAMBUI V. CS INTERIOR & 3 ORS.
(2024) JELR 112576
Environment and Land Court
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CONSTITUTIONAL PETITION NO. 2 OF 2024
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23 Oct 2024
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Kenya
Coram
ANN JACQUELINE MOGENI, J
Appearances
Ms. Waithira h/b for Shadrack Wambui for Petitioner.
No appearance for Respondents.
Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify">1. The Petitioner herein filed Petition E235 of 2024 in the Constitutional and Human Rights Division of the High Court decrying violations of the constitutional rights of the Petitioner and its Members in the public application of even date seeking among others conservatory orders against the Respondents pending the hearing and determination of the Petition.</p><p style="text-align: justify">2. On the 17/05/2024, the matter came up before E.C Mwita J he noted that the Petition & Application raised issues touching on the use and occupation of land and the application of the Land Act. Accordingly, he directed that the file be transferred to this court.</p><p style="text-align: justify">3. When the parties appeared before this Honorable Court on 10/07/2024, the Counsel for the Applicant Ms Waithira moved the court and stated that the Petitioner wanted to compromise the Notice of Motion Application dated 9/05/2024 since it was already overtaken by events. In the circumstances, the court issued a ruling marking the application seeking conservatory orβ¦</p>