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This NSE-listed agricultural enterprise, Kakuzi Plc, has decided to declare unconstitutional a clause in the land law that gives the National Land Commission the power to deal with historical issues. The group, the Development Association of Kakuzi Division, which has 3,684 members, asked the CLN to claim Kakuzi land.
The group argues that Kakuzi was their ancestral homeland from where they were displaced by the colonial government.
The group asks the NLC to admit their case as historical land injustices and order that the properties return to them. "While awaiting the hearing and determination of the applicants' constitutional complaint, this honorable court will be pleased to grant interim orders suspending the proceedings before the second respondent (ibid.). NLC).) In Nairobi, NLC / HLI / 006/2017 being a historical complaint of land injustice filed by the interested party, "reads one of the orders requested by Kakuzi.
Kakuzi challenges section 15 (3) (b) (i) of the NLC Act which allows the commission to admit and investigate claims arising out of acts by law protected at the time the disputed actions occurred and sections 15 (3) (b) (ii) that allow the NLC to investigate late claims.
Kakuzi argues that, having no access to evidence and witnesses, he can vigorously defend himself against the allegations that took place in the colonial era, thereby violating their constitutional rights of 39 to be heard fairly.
The Constitution prohibits parliament from enacting laws that allow the state or any other person to arbitrarily deprive a person of interest in property.
The company notes that she acquired the properties LR NO 11674 and LRNo 10731 on which she carries out agricultural activities. 1966 and 1963.
In his complaint to the Commission, the applicant stated that he had been forcibly evicted from their lands by settlers who burned their homes, confiscated their animals and left the destitute.
Instead of returning the land to their original owners, the land was attributed to other individuals and societies.
They claim that, despite their insatiable search for justice, their cries fell on deaf ears
. invests heavily in the farm and by extension supports the economy of Muranga County and the country which will be destabilized if the advocacy of the group is granted. [19] 659016] window.fbAsyncInit = function () {FB.init ({appId: "174023979648743", xfbml: "0, version:" v2.5 ")}; (function (d, s, id) {var js, fjs = d.getElementsByTagName (s) [0]; if (d.getElementById (id)) {return} js = d.createElement (s); js.id = id; js.src = "http: // connect. facebook.net/en_US/sdk.js";fjs.parentNode.insertBefore(js,fjs)}(document,'script',' ; facebook-jssdk & # 39;))
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