Prigal Limited & another v Kenya Electricity Transmission Co. Ltd
The bottom line
#A Kenyan court struck out a landowner's constitutional petition seeking Ksh 65.8 million in wayleave compensation, ruling such money disputes belong in ordinary statutory processes.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC sitting as a constitutional court has jurisdiction over a claim for wayleave compensation
It does not; the claim is a compensation dispute for which statutory remedies exist, so the petition is struck out.
The court adopted the reasoning in Southlake Panorama, holding that where ownership is not in issue and the only dispute is the quantum/payment of wayleave compensation, the constitutional jurisdiction under Articles 22 and 23 is not engaged. Article 23(3) compensation refers to redress for rights violations, not wayleave compensation. Section 148(5) of the Land Act and the Land (Assessment of Just Compensation) Rules 2017 provide adequate remedies, so the petition was struck out with liberty to file an ordinary suit.
Whether the petitioners are entitled to the orders sought
Not determined; the petition failed on jurisdiction, so entitlement to compensation was not adjudicated.
Having found that the court lacked jurisdiction to entertain a wayleave compensation claim, the court did not reach the merits of the alleged Article 40 violations or the entitlement to the Ksh 65,797,788.00 claimed. The petitioners were left free to pursue an ordinary suit for compensation.
Legal principles established
#- A dispute that is purely one of wayleave compensation does not fall within the constitutional jurisdiction of the court.
- Quantum of wayleave compensation should be resolved through statutory mechanisms, not a constitutional petition.
Court orders
#- 1.The respondent's preliminary objection succeeds and the petition is struck out.
- 2.The petitioners are at liberty to file an ordinary suit if need be.
- 3.Costs to the respondent.
- Jurisdiction invoked
- Articles 22(1) and 23 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Prigal Limited & another v Kenya Electricity Transmission Co. Ltd", Case Analysis (2023). Constitutional Petition 4 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18044/eng@2023-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.