REPUBLIC OF KENYA ENVIRONMENT AND LAND COURT OF KENYA AT MALINDI PETITION NO. 11 OF 2011 IN THE MATTER OF: ARTICLES 21, 22, AND 23 OF THE CONSTITUTION OF KENYA AND IN HE MATTER OF: THE ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLE 40,47,60,64, 65,73 AND 232 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: THE CONSTITUTION OF KENYA SUPERVISORY JURISDICTION AND PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL HIGH COURT PRACTICE RULES, 2006