JUDGMENT OF THE COURT
INTRODUCTION
1. The appellant filed a constitutional petition in the High Court of Kenya at Kitale and stated, inter alia, that its members were the original owners of a parcel of land known as L. R. No. 1800/4 measuring 1695 acres, hereinafter referred to as “the suit land,” that during the colonial era the members were forcibly evicted from the suit land by the colonial government, and that after independence the suit land was left in the hands of some of the members.
2. The appellant further averred that in 1988 its members formed a co-operative society known as Trans-Nzoia Chingano Farmers Co-operative Society Limited but unknown to them, the suit land had been purchased by one Apollos Mwangi Muma sometimes in 1969. The appellant alleged that the said acquisition was fraudulent as no Land Control Board consent had been obtained. The appellant contended that the registered owner’s title to the suit land had long been extinguished by virtue of its members’ adverse…