The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
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Stanley K. Mosonik & others v Attorney General & 8 others [2005] eKLR (Misc Civil Appli 49 of 2002); (28 July 2005); 
Judicial Review Appeals and reviews Civil Procedure Abuse of Process Conduct of proceedings Civil Procedure African customary law and rights of indigenous peoples Human and environmental rights Environmental law Land use Human exploitation of the environment Environmental law Locus standi in environmental litigation Litigation of environmental issues Environmental law EL IndexThe court considered an application declaring that the applicants right to life had been contravened by forcible eviction, as well as their right to protection of the law.
The applicants averred that they had resided and carried on farming on the land from which they were evicted for 61 years. After the land had been degazetted for settlement by Gazette Notices, the applicants claimed that their subsequent eviction was an infringement of their constitutional rights.
The Applicants claimed to reside and possess the land in dispute but did not lay any credible foundation to that claim. The only document they placed before the court to support their claim was what was described as “The fact-finding Report of Mr Cheruiyot Kiplangat.” The said person was not known to this court and the court was not told what authority he had, nor his competence to make the report.
The court held that the report had no legal basis and was to be rejected. As the application was substantially based on the fact that the appellants had wrongly been evicted from the land, to which they purported to lay a stake, the court found that their reference had automatically failed, based on the finding that the fact-finding report they relied on had no legal authority.
Reference dismissed.
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