Kiran Kumar Chandubhai & another v National Land Commission & 3 others [2020] KEELC 2636 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether an interlocutory injunction can issue to restrain a lawful compulsory acquisition of private land for public use
No - a lawful acquisition under the power of Eminent Domain cannot be enjoined; the landowner's remedy is compensation
The court found it undisputed that the Plaintiffs own the suit property, but the 1st Defendant acknowledged that although it initially had instructions to compulsorily acquire the land, the road design was revised and the acquisition shelved. Even if acquisition proceeded, Article 40 permits acquisition of private land for public use on payment of prompt compensation. The process being lawful, the court could not stop it; the Plaintiffs' claim is limited to compensation, to be pursued in the main suit.
Whether the Defendants' conduct amounted to trespass or unconstitutional action warranting restraint
The alleged earmarking of the property was within the 1st Defendant's statutory mandate under Part VIII of the Land Act and could not be restrained at the interlocutory stage
The 1st Defendant deponed that, pursuant to its mandate under Part VIII of the Land Act, it was acquiring parcels on behalf of the 2nd Defendant for the Athi River-Machakos Turnoff Road Project, including the suit property via Gazette Notice No. 9536 of 29th September, 2017. Following a revised road design and acquisition schedule, the 2nd Defendant instructed the 1st Defendant to publish a corrigenda. The court held the acquisition process lawful and not stoppable by the court.
Legal principles established
#- Under Article 40 of the Constitution, the State exercising the power of Eminent Domain may acquire private land for public use, subject to payment of prompt compensation; a court cannot stop such lawful acquisition, and the landowner's recourse is a claim for compensation
Court orders
#- 1.The Application dated 30th July, 2019 was disallowed
- 2.No order as to costs
- Jurisdiction invoked
- Article 40 of the Constitution and the Land Act, Part VIII (compulsory acquisition / eminent domain), in a suit before the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiran Kumar Chandubhai & another v National Land Commission & 3 others [2020] KEELC 2636 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2636/eng@2020-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.