Peter Mwangi Kabue v Rural Electrification Authority [2020] KEELC 2292 (KLR)
The bottom line
#A Kenyan landowner's bid for Kshs 8.4 million compensation failed because the court had already decided compensation—new claims need a fresh suit.
What this practically means
#Executive summary
#Key legal issues
#Res judicata / duplication of the compensation claim
The issue of compensation was heard and determined in the judgment of 15/11/2018, which awarded special and general damages (both fully satisfied) and directed negotiation of wayleave agreements, not further compensation; the present claim is either a duplication or a new cause of action and cannot be brought by application.
The Court examined the final orders in the 15/11/2018 judgment. The plaint only sought injunctions, which were satisfied by the order to negotiate wayleave consents. The Court did not direct negotiation of additional compensation, only wayleave agreements under section 148 of the Land Act, 2012, because of the public interest served by the power line. The claim for occupation and use compensation therefore either duplicates or is a separate cause of action from the concluded suit.
Scope of 'liberty to apply'
Liberty to apply does not extend to introducing a new claim for further compensation; such a claim, if sustainable, would have to be pursued as a new cause of action supported by evidence.
The Applicant sought to use the liberty-to-apply clause in the earlier judgment to obtain an order for compensation assessed in a valuation report commissioned after that judgment. The Court held that the latitude given by liberty to apply is confined to matters consequential to or arising from the orders made, and cannot be used to adjudicate a fresh, substantive claim that would require viva voce evidence, nor to achieve a review of the judgment through the back door.
Legal principles established
#- A claim for further compensation cannot be introduced through an application under liberty to apply; if it amounts to a new cause of action it must be pleaded and proved by evidence in a fresh suit
- Where a cause of action founded on compensation has already been heard and determined, a subsequent claim for the same relief is a duplication or res judicata
Court orders
#- 1.The application dated 25/10/2018 is dismissed
- 2.Costs of the application awarded to the Respondent
- Jurisdiction invoked
- Not expressly invoked; the application was brought in the concluded 2013 suit invoking 'liberty to apply' granted in the judgment of 15/11/2018
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Mwangi Kabue v Rural Electrification Authority [2020] KEELC 2292 (KLR)", Case Analysis (2020). Not stated in the judgment (application dated 25/10/2018 in a suit filed in 2013 concerning L.R NO LOC 9/KIRURI/60, 61,703, 2016 and 2317). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2292/eng@2020-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.