TOWN COUNCIL OF AWENDO V. NELSON ODUOR ONYANGO & 13 OTHERS

RULING OF THE COURT

The applicant, Town Council of Awendo, seeks leave of this Court under Article 163(4)(b) of the Constitution of Kenya, 2010 to appeal to the Supreme Court against a decision of this Court given on 18^th October 2013. The applicant contends that the intended appeal involves a matter of general public importance.

Background

By a notice published in the Kenya Gazette pursuant to the provisions of the Land Acquisition Act (Now repealed) as Gazette Notice No. 2996 on 24^th September 1976 the Government of Kenya gave notice of intention to compulsorily acquire land comprised in numerous titles owned by the respondents (among other registered land owners) for purposes of “the South Nyanza Sugar Scheme in South Nyanza District.” Subsequently the Government compulsorily acquired those parcels of land and Gazette Notice No. 3737 dated 24^th December 1976 to that effect published.

It later transpired that not all the land that was compulsorily acquired was required or could be utili…