Republic of Kenya v National Land Commission & another; Ex Parte Registered Trustees Simba Union Club [2022] KEELC 531 (KLR)
The bottom line
#Claims against Kenyan road authorities for unpaid compensation must be filed within twelve months, or the court cannot hear them at all.
What this practically means
#Executive summary
#Key legal issues
#Whether the Ex parte Applicant's claim is statute barred under Section 67(b) of the Kenya Roads Act
The claim is statute barred; the action was not instituted within twelve months of the act, neglect or default complained of, so the court lacks jurisdiction to hear it.
The court applied Section 67(b) of the Kenya Roads Act, which requires actions against a roads authority for acts done or public duties to be instituted within twelve months. The land was acquired in 2008 and the applicant filed the judicial review application in 2016, far outside the limitation window. Reliance on Article 40 of the Constitution did not assist, as Article 40 cannot be read in isolation to override the statutory limitation. Following prior decisions, the objection was upheld and the motion dismissed.
Whether the interest payable constitutes a continuing injury or damage under Section 67(b)
Even if interest were a continuing injury, the claim was filed more than six months after the compensation balance was paid on 5th June 2017, and is therefore unsustainable.
Section 67(b) allows a six-month window for continuing injury or damage after its cessation. The court assumed, without deciding, that unpaid interest on a compensation award could be a continuing injury; even then, the cessation occurred when the balance of compensation was paid on 5th June 2017, and the claim was not filed within six months thereafter. The court followed Willimary Development Limited in holding such a claim time barred.
Legal principles established
#- Actions against a roads authority for acts done or public duties owed must be instituted within twelve months under Section 67(b) of the Kenya Roads Act, and failure to do so ousts the court's jurisdiction.
- Even if interest on a compensation award were treated as a continuing injury or damage, the claim must be filed within six months after the cessation of that injury (i.e. after payment of the compensation).
- Article 40 of the Constitution cannot be read in isolation so as to disapply the statutory limitation period applicable to actions against road authorities.
- Where land is compulsorily acquired on behalf of a roads authority, that authority bears all costs in relation thereto under Section 23(3) of the Kenya Roads Act.
Court orders
#- 1.The preliminary objection dated 27th July 2020 is upheld.
- 2.The Notice of Motion dated 25th November 2016 is dismissed.
- 3.Each party to bear own costs.
- Jurisdiction invoked
- Judicial review jurisdiction (order of mandamus) under Article 40 of the Constitution; limitation challenged under Section 67(b) of the Kenya Roads Act, No. 2 of 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic of Kenya v National Land Commission & another; Ex Parte Registered Trustees Simba Union Club [2022] KEELC 531 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/531/eng@2022-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.