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ELCDismissedNotice of Motion dated 30th July, 2019 (ELC, Machakos)· [2020] KEELC 2602 (KLR)

Sterling Ventures Limited v National Land Commission & 3 others [2020] KEELC 2602 (KLR)

Environment and Land Court
15 May 2020
OAO.A. Angote
717 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenyan courts will not stop lawful compulsory acquisition of private land for public projects; landowners should focus on securing prompt compensation instead.

What this practically means

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Executive summary

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The Plaintiff, registered proprietor of L.R. No. 10426/243 (0.885 Ha) in Mavoko, moved by Notice of Motion dated 30th July, 2019 seeking a temporary injunction restraining the Defendants from encroaching on or interfering with the property, including road works and power line works, pending determination of the suit. The Plaintiff complained that the 2nd Defendant had, without consent, marked 0.1068 Ha of the land for the expansion of the Athi River-Mombasa Highway and that the 3rd Defendant had earmarked sections for power line infrastructure. The 1st Defendant, acting under Part VIII of the Land Act, deponed that the parcel had been gazetted for compulsory acquisition (Gazette Notice No. 9536 of 29th September 2017) but that the 2nd Defendant had since revised the road design and instructed publication of corrigenda removing the parcel from the acquisition schedule. The court held that ownership was undisputed but that under Article 40 of the Constitution the State, exercising eminent domain, may acquire private land for public use subject to prompt compensation. Lawful acquisition cannot be stopped by the court; the Plaintiff's only recourse is a claim for compensation, to be pursued in the main suit. The application was disallowed with no order as to costs. Judgment delivered at Machakos on 15th May, 2020 by O.A. Angote J.

Key legal issues

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01

Whether the court can restrain a lawful compulsory acquisition

Holding

No; acquisition of private land for public use is lawful under Article 40 and cannot be stopped, leaving the owner only a claim for compensation

Reasoning

The court found it undisputed that the Plaintiff owns the suit property, but the 1st Defendant was acting under its mandate under Part VIII of the Land Act to acquire land for the 2nd Defendant's road project. As the road design was revised, acquisition of the parcel was shelved. The court held that lawful acquisition for public use under eminent domain cannot be enjoined; the Plaintiff's remedy is compensation, to be pursued in the main suit.

p. 2

Legal principles established

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  • The State may compulsorily acquire private land for public use under the power of eminent domain, subject to prompt compensation
  • Where land is earmarked for compulsory acquisition, the proprietor's recourse is compensation, not an injunction against the acquisition

Court orders

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  1. 1.The Application dated 30th July, 2019 is disallowed
  2. 2.No order as to costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 40
  • Land ActPart VIII
Jurisdiction invoked
Article 40 of the Constitution (eminent domain / compulsory acquisition); Land Act Part VIII

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, "Sterling Ventures Limited v National Land Commission & 3 others [2020] KEELC 2602 (KLR)", Case Analysis (2020). Notice of Motion dated 30th July, 2019 (ELC, Machakos). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2602/eng@2020-05-15

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