Republic v Kenya Forest Service & 2 others; National Land Commission (Interested Party); Amusibwa & 6 others (Ex parte Applicants) (Suing on Behalf of the Ngerek Community)
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Abstract: This judicial review judgment addresses a case concerning the historical injustice of the Ngerek Community in Nandi County, Kenya, who were displaced when their land was gazetted as a water catchment area in 1996. The court considers an application seeking mandamus orders to compel the Kenya Forest Service, Director of Survey, and Nandi County Government to implement recommendations from the National Land Commission delivered in February 2019 regarding the degazettement of excised forest land from Nandi South Forest and the issuance of title deeds to the Ngerek and Koibem communities on a land-for-land basis. The case involves constitutional provisions and statutory frameworks governing natural resource management, land rights, and administrative justice in Kenya.