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It is pleaded that on 8 August 2014, the 3 rd respondent made a further publication in the Kenya Gazette, of a notice of inquiry, which inquiry was to be held at the Chief’s office Mackinnon Road on 2 September 2014. It is pleaded that on 20 June 2014, the 3 rd respondent (the National Land Commission, also herein referred to as “the Commission” or “the NLC”) published in the Kenya Gazette, on behalf of the 2 nd respondent (Kenya Railways Corporation), a notice of intention to acquire among other parcels, the suit property, for the construction of the Standard Gauge Railway (SGR). The petitioner, Charles Cosmas Mdari, has pleaded that he is the registered proprietor of the land parcel Kwale/Mackinon Road Phase1/6 measuring approximately 1.16 ha within Kwale County (hereinafter referred to simply as “the suit land” or “the suit property” or “the suit land”). This suit was commenced through a constitutional petition filed on 21 April 2017. (Constitutional petition seeking various declarations inter alia for violation of the right to property under Article 40 of the Constitution petitioner being registered owner of land that was compulsorily acquired for the construction of the Standard Gauge Railway no compensation paid to the petitioner despite being the registered proprietor money instead paid to three mysterious persons who apart from mere names being provided, their whereabouts completely unknown and undisclosed by the 2 nd and 3 rd respondents clear that the 2 nd and 3 rd respondents violated the procedure provided for compulsory acquisition under the Land Act and violated the rights of the petitioner under Article 40 of the Constitution judgment entered for the petitioner against the 2 nd and 3 rd respondents)ġ.
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KENYA RAILWAYS CORPORATION.2 ND RESPONDENT IN THE ENVIRONMENT AND LAND COURT OF KENYAĬHARLES COSMAS MDARI.PETITIONER