Kariuki Enterprises Limited v Kenya National Highways Authority & another (Environment & Land Petition E015 of 2022) [2024] KEELC 994 (KLR)
The bottom line
#A landowner challenging compulsory acquisition in Kenya must first go to the Land Acquisition Tribunal, not the Environment and Land Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court had jurisdiction over a challenge to compulsory acquisition of land
The Court held that it lacked first-instance jurisdiction because the Land Acquisition Tribunal is the primary forum for compulsory acquisition disputes, and referred the matter to the Tribunal.
The Court took judicial notice of Sections 133A-E of the Land Act 2019 establishing the Land Acquisition Tribunal, now operational. Section 133C(6) requires compulsory acquisition matters to be referred to the Tribunal in the first instance. Relying on the Supreme Court's doctrine of judicial restraint in Benson Ambuti Adega and the Karume principle that where a clear statutory procedure exists it must be strictly followed, the Court concluded its jurisdiction is appellate only and declined to hear the Petition.
Whether the 1st Respondent was in contempt of the conservatory orders of 16/2/2023
The contempt application was not determined on the merits but became moot following the Court's decision to decline jurisdiction.
Having held that the Petition should have been instituted before the Land Acquisition Tribunal, the Court found the contempt question had been overtaken by events. No finding was made on whether the Director General had disobeyed the interim orders of 16/2/2023 or on the sufficiency of the photographs and video evidence relied upon by the Petitioner.
Legal principles established
#- Where Parliament creates an alternative forum for dispute resolution with a clear procedure for redress of a grievance, that procedure should be strictly followed and the court should exercise judicial restraint
- Under Section 133 of the Land Act 2019, matters relating to compulsory acquisition of land must in the first instance be referred to the Land Acquisition Tribunal, and the High Court's jurisdiction over such matters is appellate in nature
Court orders
#- 1.The application for contempt of court dated 6/7/2023 declared moot and overtaken by events
- 2.The Petition struck out
- 3.The matter referred to the Land Acquisition Tribunal for hearing and determination
- 4.No orders as to costs
- Jurisdiction invoked
- Article 165(3) of the Constitution read with Sections 133A-E of the Land Act 2019 (Land Acquisition Tribunal jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki Enterprises Limited v Kenya National Highways Authority & another (Environment & Land Petition E015 of 2022) [2024] KEELC 994 (KLR)", Case Analysis (2024). Petition dated 23/11/2022 (ELC, Thika). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/994/eng@2024-02-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.