REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI PETITION NO. 11 OF 2012 DENMAN PROPERTIES LIMITED .....

1ST PETITIONER BOND STREET PROPERTIES LIMITED .... 2ND PETITIONER GREEN LILY LIMITED ..... 3RD PETITIONER HOLBORN PROPERTIES LIMITED ... 4TH PETITIONER -VERSUSTHE HON. ATTORNEY GENERAL .1ST RESPONDENT THE COMMISSIONER OF LANDS ..2ND RESPONDENT THE CHIEF LAND REGISTRAR ...3RD RESPONDENT THE DISTRICT LAND REGISTRAR, KILIFI .................. 4TH RESPONDENT THE TOWN CLERK, MUNICIPAL COUNCIL OF MALINDI ............5TH RESPONDENT THE MINISTERIAL TASK FORCE ON LAND ISSUES IN COAST PROVINCE ...6TH RESPONDENT THE HON. GIDEON M. MUNGARO .7TH RESPONDENT AND
1. CHARO MASHAKA KAZOMBA

2. SAMUEL GONA HALUWA 3. NICHOLAS JEFFA 4. DICKSON MAITHA SIRYA 5. JULIUS CHARO KAINGU 6. FREDRICK KAZUNGU DIWANI 7. NEEMA ALI MRAMBA 8. MARTIN KARISA KOMBE 9. AGNES JUMWA KAZUNGU 10. SHAMSI AHMAD 11. FREDRICK RANDU UNDA 12. MWAKA KITTU 13. ESTHER ALPHONCE MOMBO 14. NZARO DIWANI 15. RIZIKI CHARO KAMBITI 16. DAVID MANGI KITHUNGA 17. NASIB KASHURU MUMBO 18. IBRAHIM SAID BWANAMKUU 19. CHARO KATANA NZAI 20. EMMANUEL KATANA NYALE 21. RAFIKI MOHAMMED 22. MWENDA MITSANZE MASHA 23. ABDULKARIM GHAZY

24. MARY BAHATI KAVIHA 25. MOHAMMED OMAR BORAAFYA 26. ATHMAN MARUU NZAKA 27. MWERO JOHNSON MKALA 28. ISMAIL GULAM YUSUF DHORA 29. THE DIRECTOR OF PUBLIC PROSECUTIONS 30. THE NATIONAL LAND COMMISSION 31. ETHICS AND ANTI CORRUPTION COMMISSION.INTERESTED PARTIES NOTICE TO THE GENERAL PUBLIC Pursuant to the Court Order made by the Hon. Lady Justice Christine W. Meoli in Chambers on the 4th day of September, 2012 TAKE NOTICE that a Petition has been filed at the High Court of Kenya at Malindi, being Petition No. 11 of 2012 whereby the Petitioners are seeking:a) A declaration that the issuance of Certificates of Lease based on the

Report of the Special Task Force on Kilifi Jimba and Chembe Kibabamshe dated June, 2010 and the letter by the Hon. Gideon M Mungaro dated August, 2010 is illegal and contrary to Articles 27 and 40 of the Constitution of the Sovereign Republic of Kenya, 2010 and is therefore null and void ab initio.
b) A declaration that the issuance of Certificates of Lease based on the

Report of the Special Task Force on Kilifi Jimba and Chembe Kibabamshe dated June, 2010 and the letter by the Hon. Gideon M Mungaro dated August, 2010 were in violation of Articles 3, 10, 27, 40, 47 and 50 of the Constitution of the Sovereign Republic of Kenya, 2010 and Sections 10, 33 and 143 of the Registered Lands Act, Cap 300 of the Laws of Kenya (Repealed) hence are unconstitutional, null and void ab initio.
c) A declaration that the Petitioners are respectively the legal proprietors

of Parcels of Land Nos. 342, 335, 340, 341, 427, 338, 353, 333, 334, 311, 331, 337, 317, 336, 345, 328, 343 and 344 situate in Kilifi/Jimba; Plot Nos. 315, 319, 316, 314, 346, and 312 situate in Kilifi/Jimba; Plot No. 323 situate in Kilifi/Jimba, Kilifi; and Plot Nos. 396, 637, 638, 401, 423, 425, 428, 394 and 379 situate in Chembe/Kibabamshe, Kilifi.
d) An Order of Permanent Injunction to prohibit the Respondents from

acting on the Report of the Special Task Force on Kilifi Jimba and Chembe Kibabamshe dated June, 2010 and the letter by the Hon. Gideon M Mungaro dated August, 2010. e) Costs of the Petition

f) Any such other Order(s) as this Honourable Court shall deem just. Any member of the Public who is interested in joining the said Petition (whether as Petitioners, Respondents or Interested Parties) are hereby advised to do so by collecting the relevant pleadings from the High Court Registry at Malindi Law Courts and making the relevant applications for leave to join the said proceedings. The matter will be mentioned on the 4th day of October, 2012. DATED at MALINDI this September, 2012 5th day of

BINYENYA BENJAMIN ADVOCATE FOR THE PETITIONERS DRAWN & FILED BY BINYENYA BENJAMIN C/o GEKANANA & CO. ADVOCATES ORANGE BUILDING, FIRST FLOOR OPP. MALINDI DIST. HOSPITAL P.O. BOX 5849-80200 MALINDI