Katra Jama Issa v Attorney General & 3 others [2018] KEELC 522 (KLR)

The acquisition process commenced under the Land Acquisition Act while it was in force. Following Five Star Agencies Ltd v National Land Commission, the applicable law is determined by the operative date of the disputed award/acquisition. Since the suit land was gazetted on 6th January 2012, the repealed Act governs, even though the Tribunal hearing the appeal was wound up by the repeal.

Applying the equivalence principle in Patrick Musimba v National Land Commission, compensation must reflect market value for the direct loss. The Camp Valuers figure of Kshs. 33,700,000 was based on general value including anticipated income and was rejected. The Prestige Valuers valuation of Kshs. 7,700,000, undertaken before gazettement and noting the remainder would have no economic value, equitably compensated the direct loss.

The Petitioner was presented with a valuation informing the compensation, declined it, and was accorded audience at the Land Acquisition Compensation Tribunal; an inquiry was conducted before gazettement. These occurrences confirmed fair administrative action under Article 47. The delay in payment was attributable to the Petitioner's own actions, so no infringement of Articles 40 and 47 was found.

Applying Rookes v Barnard, exemplary damages require oppressive, arbitrary or unconstitutional state action or conduct calculated to procure benefit at the plaintiff's expense. Neither was established, and the Petitioner led no evidence of damages. The adopted valuation already accounted for all losses arising from the acquisition.