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In re the National Land Commission (Advisory Opinions Application 2 of 2014) [2014] KESC 46 (KLR) (26 June 2014) (Ruling)

In re the National Land Commission (Advisory Opinions Application 2 of 2014) [2014] KESC 46 (KLR) (26 June 2014) (Ruling)
Citation
In re the National Land Commission [2014] KESC 46 (KLR)
Media Neutral Citation
[2014] KESC 46 (KLR)
Court
Supreme Court
Court station
Supreme Court of Kenya
Outcome
Court issues further directions
Case number
Advisory Opinions Application 2 of 2014
Alternative citations
In Re National Land Commission [2014] eKLR
Judges
JB Ojwang
Judgment date
26 June 2014
Language
English
Type
Judgment
Original source file
Download DOCX (17.9 KB)
Collections
Date published
20 January 2025
Case action
Ruling
Filing county
Nairobi
Order
i. All parties are at liberty to file and serve their documents of submission within fifteen (15) days of the date hereof.2.Katiba Institute is hereby admitted to the status of amicus curiae, and the Institute may also file and serve any submissions within 15 days of the date hereof.3.Learned Senior Counsel, Mr. Paul Muite, shall forthwith formalize his representation of the office of the Attorney General and of the Ministry concerned, and shall file and serve any documents of submission or information within 15 days of the date hereof.4.This matter shall be listed for hearing before a full Bench of the Supreme Court on Wednesday 23/7/2014 as from 10.00 a.m; and Thursday 24.7.2014 as from 10.00 a.m.
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1.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.
2.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.
3.Firstly, I give the direction that counsel serving agencies of the public sector should endeavour to secure the principles stated herein above.
4.Secondly, it will make the following specific orders:1.All parties are at liberty to file and serve their documents of submission within fifteen (15) days of the date hereof.2.Katiba Institute is hereby admitted to the status of amicus curiae, and the Institute may also file and serve any submissions within 15 days of the date hereof.3.Learned Senior Counsel, Mr. Paul Muite, shall forthwith formalize his representation of the office of the Attorney General and of the Ministry concerned, and shall file and serve any documents of submission or information within 15 days of the date hereof.4.This matter shall be listed for hearing before a full Bench of the Supreme Court on Wednesday 23/7/2014 as from 10.00 a.m; and Thursday 24.7.2014 as from 10.00 a.m.Orders accordingly:
J.B. OJWANGJUDGE OF THE SUPREME COURT26.6.2014I certify this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA
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