Dupoto Farms Limited v Kenya Electricity Transmission Company Limited & 121 Others
The bottom line
#Kenya's Court of Appeal refused to stop KETRACO building power lines over Dupoto Farms' land, holding public projects with fair compensation override private land rights.
What this practically means
#Executive summary
#Key legal issues
#Whether an arguable appeal was demonstrated
The appeal was arguable on the grounds set out in the memorandum of appeal
Applying the established test, the court held that an arguable appeal is one that is not frivolous and merits full consideration; a single arguable ground suffices. Having perused the memorandum of appeal, which faulted the trial judge for, among other things, allowing construction before compensation, the court concluded the appeal was arguable.
Whether the appeal would be rendered nugatory unless an injunction was granted
The nugatory prong was not satisfied
The court held that the right to property is not absolute and may be limited for public purpose upon payment of just compensation. The 1st respondent genuinely required the easement, was prepared to pay compensation, negotiations on quantum were ongoing, and failing agreement the National Land Commission may determine amounts. Public interests take priority over private interests, so refusal of the injunction would not render the appeal nugatory.
Legal principles established
#- An order of injunction pending appeal requires demonstration of an arguable appeal and that the appeal, if successful, would be rendered nugatory unless the injunction is granted.
- An arguable appeal need not be one that must succeed; it suffices that it is not frivolous and merits full consideration, and a single arguable ground is sufficient.
- The right to property under Article 40 is not absolute; the State may deprive a person of land for a public purpose upon payment in full of just compensation.
Court orders
#- 1.The application for injunction pending appeal is dismissed
- 2.Each party shall bear its own costs of the application
- On appeal from
- Environment and Land Court at Kajiado
- E.L.C. Case No. 30 of 2020
- Jurisdiction invoked
- Articles 25(c), 50(1) and 163(4)(b) of the Constitution and sections 3 and 3A of the Appellate Jurisdiction Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Maalim v Musa (Sued as the Legal Representative in the Estate of Fatuma Ahmed) & 2 others (Environment and Land Case 001 of 2022) [2025] KEELC 6137 (KLR)[2025] KEELC 6137 (KLR)22 Sept 2025applied
Cite this brief
#Cite this brief
Caselaw, "Dupoto Farms Limited v Kenya Electricity Transmission Company Limited & 121 Others", Case Analysis (2021). Civil Appeal (Application) No. E512 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/844/eng@2021-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.