IN THE SUPREME COURT OF KENYA AT NAIROBI
ADVISORY OPINION NO.2 OF 2014
BY THE NATIONAL LAND COMMISSION UNDER ARTICLE 16(6) OF THE CONSTITUTION
RULING
The matter before the Court is a request for an Advisory Opinion on a matter that is important, in terms of the due conduct of the processes of governance under the Constitution, and in terms of the fundamental rights guarantees of the Constitution which have a bearing on the property rights in general, and land rights in particular.
From this background, it is clear that contested issues in this case are for urgent resolution by this Court. Moreover, as the relevant issues touch on essentials of good governance, good sense dictates that no public agency should proceed to crystallize normative positions in respect of the relevant land issues, until the matter has been duly considered by the Judicial Authority of the State, and proper guidance, founded on proper hearings and evaluations, has been solemnly given by the Judiciary.
Firstly, I give…