Miriam Wanjiru Ndiangui v Kenya Electricity Transmission Co Ltd
The bottom line
#A Kenyan court struck out a landowner's constitutional petition over unpaid wayleave compensation, ruling such disputes belong under statutory compensation procedures, not constitutional claims.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court, sitting as a constitutional court, has jurisdiction over a claim for wayleave compensation framed as an Article 40 violation
No - the petition raises only a compensation dispute and is struck out for want of constitutional jurisdiction.
Following Southlake Panorama, the court held that although the petitioner framed her claim as an Article 40 violation, the real dispute was non-payment of compensation for limited loss of use of land. Constitutional jurisdiction under Articles 22 and 23 is specific and not open to general claims; Section 148(5) of the Land Act and the 2017 Rules provide ample statutory remedies for such disputes.
Whether the respondent's preliminary objection on jurisdiction succeeds
The objection succeeds in substance - the court lacks jurisdiction to determine the compensation dispute.
The respondent's preliminary objection invoked Section 148(5) of the Land Act and the Land (Assessment of Just Compensation) Rules 2017. The court noted the inconsistency between the objection and the respondent's later reliance on Sections 36(3) and (4) of the Energy Act 2019, but ultimately agreed that the dispute was one of compensation outside constitutional jurisdiction.
Legal principles established
#- A dispute that is essentially about the quantum or payment of wayleave compensation does not lie within the constitutional jurisdiction of the court; statutory remedies under Section 148(5) of the Land Act and the Land (Assessment of Just Compensation) Rules 2017 apply.
Court orders
#- 1.The present petition is struck out with no orders as to costs.
- Jurisdiction invoked
- Articles 22, 23 and 162 of the Constitution; Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miriam Wanjiru Ndiangui v Kenya Electricity Transmission Co Ltd", Case Analysis (2023). Environment and Land Constitutional Petition E13 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20125/eng@2023-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.