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CHEMEY INVESTMENT LIMITED
V.
ATTORNEY GENERAL & 2 OTHERS

(2018) JELR 103224 (CA)

Court of Appeal 26 Jan 2018 Kenya
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Case Details

Suit Number:Civil Appeal 349 of 2012
Judges:Milton Stephen Asike Makhandia, Kathurima M'inoti, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Chemey Investment Limited v. Attorney General & 2 others [2018] eKLR

JUDGMENT OF THE COURT

There was a time in the history of this country, not too long ago, when public officers appeared to have been bitten by a bug that infested them with a malignant and shameless craving to acquire for themselves, their friends or relatives, public property in respect of which they were trustees or custodians. This appeal is a throwback to those days. The appellant, Chemey Investment Limited, a limited liability company contends that the respondents, namely, the Attorney General, the Permanent Secretary (now the Principle Secretary) for Health and the Ethics Anti-Corruption Commission, violated with impunity its constitutional right to property when they evicted it from a parcel of land known as Eldoret Municipality/Block 4/57 (the suit property) and installed Uasin Gishu District Hospital thereon. The respondents on the other hand, maintain that at all material times the suit property was public property and the appellant’s purported title thereto was fraudulently a…

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