JUDGMENT OF THE COURT
1. Many cases have been determined regarding allocation of public land for private use, yet the issue has remained unresolved as courts, being a bastion of justice, have been called upon on a case by case basis to determine the competing public versus private rights over public land that is allocated for private use. The decisions are on case by case basis, therefore, the ratio decidendi that seems germane in most of the decisions is that a merit evaluation of all the surrounding circumstances can best be litigated in the Environment and Land Court. One would have expected that with the public outcry associated with public land grabbing, that resulted in various commissions such as the “Ndungu Land Commission” and “Truth and Justice Commission” and other such initiatives a lasting solution in regard to public land acquired for private use would be realized at once. Nay, as in the dispute, the subject matter of this appeal, the court was called upon to adjudicate o…