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ABDULKADIR A KHALIF
V.
PRINCIPAL SECRETARY MINISTRY OF LANDS & PHYSICAL PLANNING & 4 OTHERS; NATIONAL LAND COMMISSION & ANOTHER (INTERESTED PARTIES)

(2020) JELR 106364 (CA)

Court of Appeal 22 May 2020 Kenya
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Case Details

Suit Number:Civil Appeal 210 of 2018
Judges:Martha Karambu Koome, Hannah Magondi Okwengu, William Ouko
Location:Nairobi
Other Citations:Abdulkadir A Khalif v. Principal Secretary Ministry of Lands & Physical Planning & 4 others; National Land Commission & another (Interested Parties) [2020] eKLR

JUDGMENT OF THE COURT

[1] This appeal arises from a petition dated 26th September, 2017 in which Abdulkadir A. Khalif who is now (the appellant) before us sought orders from the court against the Principal Secretary, Ministry of Lands and Physical Planning (the Ministry), The Chief Land Registrar, Director of Surveys, Public Service Commission and The Honourable Attorney General (herein 1st to 5th respondents) and the National Land Commission (NLC) as an interested party. The 2nd interested party, David Kibiwott Achikwa (Mr. Achikwa) was joined by the court below as explained in paragraph 17 of this judgment.

[2] According to the grounds stated in the petition and an affidavit sworn by the appellant in support of the petition, the appellant who is a Commissioner of NLC is concerned that there is interference with the constitutional mandate of NLC of managing public land on behalf of the National and County Government. In his view, following the establishment of NLC under Article 67 of t…

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