Muambi Properties Limited v Kenya Urban Roads Authority & 2 others (Environment & Land Case E078 of 2021) [2024] KEELC 4307 (KLR)
The bottom line
#A landowner's compensation claim over a public road right of way was struck out because Kenya's Land Acquisition Tribunal must first assess compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether compulsory acquisition without compensation occurred
The process of compulsory acquisition had begun - NLC commenced creating a public right of way and KURA took possession - but the Defendants breached the Plaintiff's rights by entering without following the Land Act procedure, and there is no evidence of compensation.
The court traced the gazette notices, the Award of Kshs. 52,632,888 which was accepted but never paid, and its rescission. DW1 confirmed KURA took possession and constructed the road without issuing public notice or consulting the Plaintiff. The court found the acquisition process had effectively begun and the Plaintiff had not been compensated.
Whether the court has jurisdiction over the claim for compensation for the public right of way
The suit is premature; the Land Acquisition Tribunal has first-instance jurisdiction to assess compensation for creation of a right of way, and the Plaintiff must first lodge its claim there.
Sections 133A and 133C(6) of the Land Value Amendment Act, 2019 vest the Tribunal with jurisdiction to hear disputes relating to compulsory acquisition and creation of wayleaves, easements and public rights of way in the first instance, with appeals lying to the Environment and Land Court. Since the Tribunal is now fully operational, the Plaintiff should first lodge its claim there.
Legal principles established
#- Matters relating to compulsory acquisition of land or creation of wayleaves, easements and public rights of way must, in the first instance, be referred to the Land Acquisition Tribunal established under Section 133A of the Land Value Amendment Act, 2019, with appeals lying to the Environment and Land Court.
- Where the State takes possession of land or commences creating a public right of way without following the strict procedure of the Land Act and without compensation, it breaches the landowner's rights under Article 40(3) of the Constitution.
Court orders
#- 1.Leave granted to the Plaintiff of thirty (30) days from the date of the judgment to lodge its claim at the Land Acquisition Tribunal to assess the correct compensation due for the creation of the public right of way over its land
- 2.Suit struck out as premature
- 3.No order as to costs
- Jurisdiction invoked
- Environment and Land Court jurisdiction; court finds the Land Acquisition Tribunal under Section 133A/133C of the Land Value Amendment Act, 2019 has first-instance jurisdiction over the claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muambi Properties Limited v Kenya Urban Roads Authority & 2 others (Environment & Land Case E078 of 2021) [2024] KEELC 4307 (KLR)", Case Analysis (2024). (not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4307/eng@2024-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.