NATIONAL LAND COMMISSION
V.
REGISTERED TRUSTEE OF THE ARYA PRATINIDHI SABHA, EASTERN AFRICA & ANOTHER

JUDGMENT OF THE COURT

This is an appeal by the National Land Commission “the Commission”. The Commission was established pursuant to Article 67 of the Constitution and statutorily operationalized by the National Land Commission Act. The Commission’s core mandate is to manage and administer public land on behalf of the national government as well as the devolved county governments. It brings this appeal against the judgment of the Constitutional and Human Rights Division of the High Court sitting in Nairobi delivered on 20^th December 2016 by Onguto, J.

The judgment was the culmination of (Nrb) Petition No. 273 of 2013. The Petition had been instituted by the Registered Trustee of the Arya Pratinidhi Sabha, Eastern Africa “the 1^st respondent ”. Upon application, the Parent Association Parklands Arya Girls High School “the 2^nd respondent ” was admitted in the Petition as an interested party and passively supported the Commission’s case.

Through the Petition, the 1^st respondent’s substantive…