NAIROBI, Kenya, June 30 – The Milimani High Court has ordered the Ministry of Lands to release information on the designation of Community Land Registrars in Marsabit County to Gitson Energy Limited within seven days.
In a judgment delivered on June 25, Justice Patricia Nyaundi Mande directed the Chief Land Registrar to provide the requested information after finding that the office had failed to respond to the company’s request and subsequent directives from the Commission on Administrative Justice.
The dispute arose after Gitson Energy, which is developing a wind farm project in Marsabit County, requested the information on May 29, 2023.
After receiving no response, the company lodged a complaint with the Commission on Administrative Justice, which ordered the Chief Land Registrar to provide the information within one week.
The directive was not complied with, prompting the company to move to the High Court.Court documents state that Gitson Energy argued the Chief Land Registrar had continued to withhold information on the status of the designation of Community Land Registrars despite the Community Land Act having been in force since 2016.
In her ruling, Justice Mande reaffirmed that the Access to Information Act gives effect to Article 35 of the Constitution, which guarantees the right to access information held by the State, and empowers the Commission on Administrative Justice to enforce compliance.
The matter will be mentioned on July 8 to confirm whether the Chief Land Registrar has complied with the court’s orders.
