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ELCPartially AllowedNotice of Motion dated 23rd June 2017 (Meru ELC)· [2017] KEELC 765 (KLR)
Pricilla Kanyua Mwamba v Kenya Urban Roads Authority & another [2017] KEELC 765 (KLR)
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#What this practically means
#Executive summary
#This was an interlocutory application by way of Notice of Motion dated 23rd June 2017 in which the plaintiff, Priscilla Kanyua, sought a temporary injunction restraining the defendants from entering, cutting trees, digging trenches, pouring building materials or grading roads on her land parcel NTIMA/NTAKIRA/540, or alternatively, maintenance of the status quo pending hearing of the suit. She swore an affidavit showing that in 2015 her land was compulsorily acquired for construction of the Meru Eastern-Western by-pass; on gazettement the acreage appeared as 0.357 hectares instead of 0.424 hectares; a repeat survey confirmed the larger acreage, communicated to the 2nd defendant by letter dated 8/4/16; the defendants declined to compensate the balance of 0.067 hectares or to revalue at current rates; and they had started digging the road, threatening to cut her trees and destroy her developments. The application was heard on 16th October 2017 after the court confirmed service; there was no appearance for the respondents. On the annexures, the court found the application merited and allowed it in terms of prayer 2 - preservation of the status quo with the plaintiff remaining in peaceful occupation - but limited the order to 8 months. It ordered costs in the cause. The interim injunction in terms of prayer (a) was effectively not granted, the alternative relief being preferred; the substantive claim over inadequate compensation remains for trial.
Key legal issues
#01
Interim protection pending determination of adequacy of compulsory acquisition compensation
Holding
Application allowed in terms of prayer 2 (status quo) for a limited period of 8 months
Reasoning
The plaintiff swore an affidavit showing her land NTIMA/NTAKIRA/540 was gazetted for compulsory acquisition at 0.357 hectares instead of 0.424 hectares, that a repeat survey confirmed the larger acreage by letter dated 8/4/16, and that the defendants declined to compensate the balance of 0.067 hectares or to revalue. With the defendants digging the road and threatening to cut down trees and destroy developments, the court found the annexures supported interim preservation of the status quo, but capped it at 8 months.
p. 2
Legal principles established
#- Where landowner shows part of compulsorily acquired land remains uncompensated and the acquiring authority has begun works, the court may preserve the status quo pending full determination
Court orders
#- 1.The application dated 28.6.17 allowed in terms of prayer 2 (maintenance of status quo) but only for a period of 8 months
- 2.Costs in the cause
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land compulsorily acquired for a public road
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pricilla Kanyua Mwamba v Kenya Urban Roads Authority & another [2017] KEELC 765 (KLR)", Case Analysis (2017). Notice of Motion dated 23rd June 2017 (Meru ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/765/eng@2017-12-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.