Gami Properties Limited v National Land Commission [2017] KEELC 1452 (KLR)
The bottom line
#Kenya's National Land Commission must personally notify landowners before acquiring their land; a gazette notice alone is not enough, and flawed process invalidates compensation awards.
What this practically means
#Executive summary
#Key legal issues
#Whether the appellant was given adequate notice and an opportunity to be heard before the award of compensation
The procedure adopted by the respondent was flawed: the gazette notice lacked sufficient particulars, there was no evidence of service of the notice of intention to acquire or of the inquiry notice under section 107(5) of the Land Act, and the respondent disregarded the appellant's written representations and failed to give reasons for the award
The court found no evidence of service of either the notice of intention to acquire or the notice of inquiry, despite the respondent asserting service. The gazette notice alone, containing only the Land Reference Number without owner particulars or approximate area, was inadequate. The appellant's written representations of 30 March 2015, submitted two and a half months before the award of 16 June 2015, were admitted but ignored without any shown prejudice, contrary to natural justice and Articles 40, 47 and 50 of the Constitution and the Fair Administrative Actions Act.
Whether the compensation of Kshs 86,928,500/- was sufficient
The Court declined to assess the sufficiency of the compensation or enhance the award because the award was invalidly arrived at through a flawed process; the remedy is a fresh inquiry by the respondent
The court held that since the award was made without notice, hearing, or consideration of the appellant's claim, it was invalidly arrived at without due process. The Court would not usurp the respondent's statutory mandate by itself assessing compensation on an invalid award. The violation of constitutional rights to be heard and to protection from arbitrary deprivation of property goes to the root of the validity of the decision, so the award was set aside and a fresh inquiry ordered.
Legal principles established
#- Publication of a notice in the Kenya Gazette does not qualify as adequate notice of compulsory acquisition and inquiry to the affected landowner under the Land Act; personal service on the registered owner is required
- Where the award is arrived at through a flawed procedure violating natural justice and fair administrative action, the Court will not delve into the sufficiency of the compensation but will set it aside
Court orders
#- 1.The appeal is hereby partially allowed
- 2.The award of compensation in the sum of Kshs 86,928,500/- is set aside
- 3.The respondent be and is hereby directed to conduct a fresh inquiry in respect to LR No. 337/4797 belonging to the appellant within 60 days from the date hereof
- 4.The respondent to pay the costs of the appeal
- 5.Parties be at liberty to apply where appropriate
- On appeal from
- National Land Commission
- Jurisdiction invoked
- Statutory appeal against an award of compensation made by the National Land Commission under Part VIII of the Land Act, No. 6 of 2012, in exercise of the power of compulsory acquisition under Article 40(3) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gami Properties Limited v National Land Commission [2017] KEELC 1452 (KLR)", Case Analysis (2017). E.L.C Case No. 54 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1452/eng@2017-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.