ZINJ LIMITED V. ATTORNEY GENERAL, COMMISSIONER OF LANDS, PRINCIPAL REGISTRAR OF TITLES & CHIEF LAND REGISTRAR

JUDGMENT OF THE COURT

1. The right to property is sacrosanct and as such, that right is vigorously protected in this country under the Constitution. In the previous Constitution the protection of that right was enshrined under Section 75 and currently it is delineated under Article 40 of the Constitution. The inviolability of that right was succinctly appreciated by this Court in Chief Land Registrar and 4 others v. Nathan Tirop Koech and 4 others [2018] eKLR as follows:

“Land ownership and land rights is both a historical and emotive subject in Kenya. A right to hold property is a constitutional right as well as a human right and no person can be deprived of his property except in accordance with the provisions of the Constitution or Statute. The condition precedent to taking away anyone's property is that the authority must ensure compliance with the Constitution and Statutory provisions.”

2. It is on the basis of the foregoing that the appellant invoked the jurisdiction of the Enviro…