Fresco Bushlands (K) Limited v National Police Service & 4 others [2020] eKLR Case Summary

Court
Environment and Land Court at Malindi
Category
Civil
Judge(s)
J.O. Olola
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Fresco Bushlands (K) Limited v National Police Service & 4 others [2020] eKLR, highlighting key legal principles and implications.

Case Brief: Fresco Bushlands (K) Limited v National Police Service & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: Fresco Bushlands (K) Limited v. The National Police Service & Others
- Case Number: Petition No. 35 of 2019
- Court: Environment and Land Court, Malindi
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): J.O. Olola
- Country: Republic of Kenya

2. Questions Presented:
The central legal issues in this case include whether the actions of the National Police Service, as directed by the Coast Regional Police Commander, to evict the Petitioner from its leased property were lawful and whether the Petitioner is entitled to conservatory orders to prevent such actions pending the resolution of the underlying petition.

3. Facts of the Case:
The Petitioner, Fresco Bushlands (K) Limited, is the lessee of a 95,000-acre parcel of land (Kilifi LR No. 14248) from the Agricultural Development Corporation, under a lease agreement dated May 26, 2010. On December 8, 2019, the Coast Regional Police Commander issued directives for the eviction of the Petitioner’s agents from the property. The Respondents, comprised of various officers of the National Police Service, asserted that their presence at the property was necessary to maintain law and order due to ongoing disputes between the Petitioner and its neighbor, Vital Bio-Energy Ltd, which had led to allegations of trespassing and violence.

4. Procedural History:
The Petitioner filed a Chamber Summons application on December 11, 2019, seeking conservatory orders to restrain the Respondents from evicting or interfering with its occupation of the property. The Respondents opposed the application, arguing that their actions were justified due to the ongoing disputes. The court reviewed the submissions and affidavits provided by both parties, including the historical context of the property disputes.

5. Analysis:
- Rules: The court considered Articles 19, 20, 21, 23, 24, 27, and 50 of the Constitution of Kenya, which protect fundamental rights and freedoms. The court also referenced the principles governing the issuance of conservatory orders, emphasizing the need to evaluate whether the applicant has made a prima facie case and whether denial of such orders would cause prejudice.

- Case Law: The court cited *Platinum Distillers Ltd v. Kenya Revenue Authority* (2019) eKLR and *Gatirau Peter Munya v. Dickson Mwenda Kithinji & 2 Others* (2014) eKLR, which outline the criteria for granting conservatory orders, focusing on public interest and the constitutional values involved rather than private party interests.

- Application: The court found that the Respondents had not denied their intention to evict the Petitioner and that their actions were purportedly to maintain order amidst ongoing disputes. However, the court highlighted the necessity of due process and the importance of protecting citizens from unjustified state actions, as emphasized in previous rulings. The court concluded that the Petitioner should be granted protection from eviction pending the determination of the petition.

6. Conclusion:
The court ruled in favor of the Petitioner, granting the conservatory orders sought to restrain the Respondents from evicting or displacing the Petitioner from its property. The decision underscored the importance of due process and the protection of property rights under the Kenyan Constitution.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The case of Fresco Bushlands (K) Limited v. The National Police Service & Others highlights critical issues surrounding property rights, state authority, and due process in Kenya. The court's decision to grant conservatory orders reflects a commitment to uphold constitutional protections against arbitrary state actions, ensuring that individuals are not unlawfully deprived of their property rights. This ruling may have broader implications for how law enforcement interacts with private property rights in future disputes.

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