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ELCPartially AllowedNairobi ELC Case No. 1503 of 2014 (formerly Nairobi High Court Civil Case No. 359 of 2001)· [2019] KEELC 2518 (KLR)

Fred Kamau Chege v Nairobi City County [2019] KEELC 2518 (KLR)

Environment and Land Court
11 July 2019
BEB M Eboso
1,332 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Nairobi landowner won his title back but got no compensation because he couldn't prove the county government actually occupied his land.

What this practically means

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Executive summary

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The plaintiff sued (originally against the City Council of Nairobi, later substituted with Nairobi City County) claiming that although he had been allocated Nairobi/Block 107/382, been issued a lease and certificate of lease on 6/2/1998, and had building plans approved, the defendant trespassed onto and wrongfully occupied the suit property. He sought a declaration of ownership and quiet possession, injunctions, general and exemplary damages for loss of user, and alternatively Kshs 40,014,356 as compensation for what he characterised as constructive compulsory acquisition. The defendant admitted the allocation and approval of plans but denied trespass. It did not attend the hearing despite service. The plaintiff testified and called a licensed valuer who valued the property at Kshs 33,000,000 plus 15% disturbance compensation. The court framed a single issue: whether the plaintiff was entitled to the orders sought. It held there was probable evidence of his proprietorship, admitted by the defence, and allowed the declaration and injunction. However, it found no basis for constructive compulsory acquisition: the chief's camp on the land is a national, not county, government office, and no evidence showed the defendant erected structures or occupied the land. The claims for damages, the alternative compensation plea and costs therefore failed. Judgment was entered declaring the plaintiff leasehold proprietor entitled to quiet possession, restraining the defendant from interference, with each party bearing its own costs. Dated, signed and read at Nairobi on 11 July 2019 by B M Eboso J.

Key legal issues

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01

Whether the plaintiff is entitled to a declaration of ownership and quiet possession

Holding

Yes - the plaintiff produced the allotment letter, registered lease and certificate of lease, and the defendant admitted allocation and approval of building plans

Reasoning

The plaintiff produced a letter of allotment dated 18/1/1994, a lease registered on 6/2/1998 and a certificate of lease issued on 6/2/1998. The defendant's defence unequivocally admitted allocating the land and approving building plans. In the absence of controverting evidence, the declaration of leasehold proprietorship was warranted.

p. 2
02

Whether the plaintiff proved constructive compulsory acquisition and entitlement to damages

Holding

No - the plaintiff failed to prove that the structures on the land belonged to the defendant

Reasoning

The evidence showed a chief's camp on the property, which is a national government office, not a county government office. Neither the plaintiff nor the valuer led evidence that the defendant erected any structure on the suit property or that the structures belonged to the defendant. Compulsory acquisition under the (repealed) Land Acquisition Act follows a statutory process not shown to have been engaged here.

p. 2

Legal principles established

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  • A party alleging trespass or constructive compulsory acquisition must lead evidence directly linking the defendant to the acts complained of; a defence that admits title but denies trespass, even unchallenged, does not establish liability

Court orders

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  1. 1.It is hereby declared that the plaintiff is the leasehold proprietor of Land Title Number Nairobi/Block 107/382 and is entitled to quiet possession of the property.
  2. 2.The defendant is restrained against interfering with the plaintiff’s quiet possession and ownership of the said property.
  3. 3.Each party shall bear own costs of this suit.

Authorities

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Legislation

  • Land Acquisition Act (now repealed)Sections 3, 4, 5, 6 and 8

Cases cited (4)

  • Micah A. Oriedo v County Government of Vihiga & another
    [2018] eKLR
  • Isaiya Mugambi M’Muketha v Attorney General & 2 others
    Chuka ELC No. 04 of 2018
  • Isabel Waithira Njoroge v Permanent Secretary Ministry of State for Provincial Administration & Internal Security & 4 Others
    [2014] eKLR
  • County Government of Meru v Isaiah Mugambi M’muketha
    [2017] eKLR
Jurisdiction invoked
Environment and Land Court jurisdiction following transfer of Nairobi High Court Civil Case No. 359 of 2001 by Aburili J on 28/11/2014

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Fred Kamau Chege v Nairobi City County [2019] KEELC 2518 (KLR)", Case Analysis (2019). Nairobi ELC Case No. 1503 of 2014 (formerly Nairobi High Court Civil Case No. 359 of 2001). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2518/eng@2019-07-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.