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Patrick Musimba v National Land Commission & 4 others

País/Territorio
Kenya
Tipo de la corte
Nacional - corte superior
Fecha
Mar 29, 2016
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Kenya
Sede de la corte
Nairobi
Juez
Lenaola I.; Ngugi M.; Achode L.; Odunga G.V.; Onguto J.L.
Número de referencia
Petition No. 613 of 2014
Idioma
Inglés
Materia
Tierra y suelos
Resumen

The Petition is essentially about the protection and enforcement of the basic, fundamental and human right to property. The Petition focuses on the rather inalienable right to just compensation when the State has to deprive a person of his property. The other right which the Petition calls to scrutiny is the right to a clean and healthy environment.

The Petitioner is the elected member of Parliament for Kibwezi West Constituency. He is also a landowner within his constituency. He pleads having brought the Petition on behalf of both himself and his constituents whom he represents in the National Assembly.

The 1st Respondent, the National Land Commission, is a constitutional commission. The 2nd Respondent, the Kenya Railways Corporation, is a state corporation. The 3rd Respondent the National Environment Management Authority is statutory body enjoined with the responsibility of integrating the environment.

According to the Court, the petition must be dismissed. The Court is unable to return the verdict sought by the Petitioner that there are violations or threatened violations of the Constitution. No sufficient evidence has been tendered by the Petitioner, who had the burden, to show that the Constitution have been violated. On the contrary, the Respondents have availed sufficient evidence to confirm that in matters environment the relevant provisions of the Constitution and other relevant legislation were observed.

(Source: Kenya law http://kenyalaw.org/caselaw/cases/view/120478/, last accessed 16-05-2018)

Texto completo
Patrick Musimba v National Land Commission & 4 others.pdf
kenyalaw.org
Página web
kenyalaw.org