JUDGMENT
JUDGMENT OF MUMBI NGUGI, JA.
In his petition before the Environment and Land Court (ELC) in Kakamega dated 24th November, 2016, the appellant alleged violation of his constitutional rights in relation to a property known as North Wanga/Kholera/588 that had been the subject of a decision of the Matungu Land Disputes Tribunal rendered on 6th September 2004. The petitioner alleged that his right to a fair hearing had been breached, that he had been subjected to illegal and irregular proceedings, and there had been breach of rules of natural justice with respect to him. He prayed for orders of fair administrative justice (sic) and a restoration and protection of his fundamental rights to own property. He also sought such damages as the court would deem fit to give.
In his affidavit sworn in support of the petition on 24th November 2016, the appellant averred that his father, one Sylvester Ojwang Khachina, had bought the suit land at a public auction from the Kenya Commercial Bank. T…