GEOFFREY WAMBANDA WANDAMBUSI & ANOTHER
V.
ATTORNEY GENERAL FOR AND ON BEHALF OF THE COMMISSIONER FOR LANDS & 3 OTHERS

RULING OF THE COURT

Background:

1. The matter before the Court is an application dated 8^th February 2016 brought pursuant to Article 163(4)(b) of the Constitution seeking leave to file an appeal to the Supreme Court against the Judgment of this Court delivered on 29^th October, 2015.

2. The background to this application is that Wambanda Khwatenje Wandambusi (deceased), filed suit against the respondents, claiming to be the legal owner of land parcel No. E. Bukusu/S. Kanduyi/1062 (the suit property). The deceased pleaded that the property was compulsorily and unjustly acquired by Bungoma County Council without full compensation. The 1^st and 2^nd applicants herein are the personal representatives of the estate of Wambanda Khwatenje Wandambusi.

3. The suit property was thereafter subdivided into two parcels: East Bukusu/South Kanduyi/6666 and East Bukusu/South Kanduyi/6668. Parcel Number 6666 was subsequently transferred to the 3^rd respondent, who is now deceased; and Parcel Number 6668 regis…