Christopher Matata Lati v Land Registrar Makueni & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Makueni
Category
Civil
Judge(s)
Hon. Justice Mbogo C.G.
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Christopher Matata Lati v Land Registrar Makueni & 2 others [2020] eKLR, detailing key legal arguments and judgments. Perfect for legal practitioners and students alike.

Case Brief: Christopher Matata Lati v Land Registrar Makueni & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Christopher Matata Lati v. The Land Registrar Makueni & Others
- Case Number: ELC Petition No. 11 of 2019
- Court: Environment & Land Court at Makueni
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mbogo C.G.
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
1. Did the Respondents violate the Petitioner’s right of access to information as guaranteed under Article 35 of the Constitution of Kenya?
2. Should the Respondents be compelled to provide the requested information to the Petitioner?

3. Facts of the Case:
The Petitioner, Christopher Matata Lati, claims ownership of several land parcels within the Nguu Ranch Settlement Scheme. In July 2019, he discovered that unknown individuals had invaded his properties. Despite his attempts to obtain ownership details from the 1st and 2nd Respondents, his requests were ignored, which hindered his ability to assert his proprietary rights. The 3rd Respondent, the Attorney General, was included in the suit as the legal advisor to the government. The Petitioner operates a dairy farm on the land, which has been adversely affected by the invasion, particularly during a prolonged drought.

The Petitioner seeks a permanent mandatory injunction requiring the Respondents to provide various documents related to the land parcels, including letters of offer and title deeds. He argues that the Respondents' failure to provide this information violates his constitutional rights.

4. Procedural History:
The case began with the filing of a petition on 28th November 2019, supported by affidavits from the Petitioner. The Respondents opposed the petition, asserting that the Nguu Ranch Settlement Scheme faced ongoing verification challenges and that the Petitioner had not followed proper procedures to obtain the information. The petition was ultimately canvassed through written submissions, outlining the legal arguments and relevant statutes.

5. Analysis:
- Rules: The court considered Article 35 of the Constitution of Kenya, which provides citizens with the right of access to information held by the state. The Access to Information Act No. 31 of 2016 was also relevant, particularly its provisions regarding the timelines for information requests and the exemptions to the right of access.

- Case Law: The court referenced several cases, including *Katiba Institute v. President’s Delivery Unit & 3 Others* (2017) eKLR, which emphasized that the right to access information is crucial for democratic governance. Another case cited was *Trusted Society of Human Rights Alliance & 3 Others v. Judicial Service Commission* (2016) eKLR, which reinforced that the right to information should not require individuals to demonstrate a specific interest. The Respondents referred to *Attorney General v. Kituo cha Sheria & 7 Others* (2017) eKLR, arguing that the right to access information is not absolute and can be limited under certain circumstances.

- Application: The court found that the Respondents had not provided the requested information and that their justification for withholding it—ongoing verification processes—was insufficient. The court held that the Petitioner had demonstrated a prima facie interest in the properties and that withholding information impeded the due process of law. The Respondents' claims regarding potential safety risks from disclosing the information were deemed unconvincing.

6. Conclusion:
The court ruled in favor of the Petitioner, finding that the Respondents had violated his constitutional right to access information. It ordered the Respondents to provide the requested documents related to the land parcels and declared their failure to do so unconstitutional.

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

8. Summary:
The court's decision in *Christopher Matata Lati v. The Land Registrar Makueni & Others* underscores the importance of the right to access information in the context of property rights. The ruling not only affirmed the Petitioner’s legal rights but also highlighted the obligation of state organs to uphold constitutional provisions related to transparency and accountability. The case serves as a precedent for similar claims regarding access to information in Kenya.

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