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ELCPartially AllowedNot stated in judgment ( plaint dated 30th August 2017 )· [2024] KEELC 6913 (KLR)

Paul Njoroge Waweru v National Land Commission & 3 Others

Environment and Land Court
16 October 2024
ANA. Nyukuri
3,462 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~14 min to read original · ~4 min brief

The bottom line

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A Machakos court ordered Kenya's National Land Commission to pay a landowner Kshs 11.7 million for compulsorily acquired land, rejecting a higher earlier award lacking valuation evidence.

What this practically means

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Executive summary

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The plaintiff, registered proprietor of LR. Nos. 12648/94 and 12648/119 along Mombasa Road, sued over encroachment and construction of a road on his land without notice or compensation. The court identified a single issue: what compensation was payable for the compulsory acquisition of 0.121 Ha of LR. No. 12648/119. The National Land Commission had earlier awarded Kshs. 47,887,485.80 and Kshs. 16,858,586 for the two parcels, but on 22nd February 2021 it forwarded a revised schedule, verified by the EACC, reducing the amount for the second parcel to Kshs. 11,700,991.25. The plaintiff accepted the award on the first parcel, which was paid, but challenged the reduction, contending he did not participate in the revised valuation. The court held that the burden lay on the plaintiff to prove that the EACC-verified valuation was not full and just compensation, and that the law does not envisage owner participation in valuation. Noting the earlier award included Kshs. 2,700,000 for improvements although NLC's own documents showed none existed, the court found the revision legitimate and protective of the public treasury. Judgment was entered against the 2nd defendant for Kshs. 11,700,991.25 plus interest at court rates from filing; costs against the 2nd and 3rd defendants jointly and severally, the latter having entered the land before initiating acquisition under Section 107 of the Land Act. The suit against the 1st defendant was dismissed with costs.

Key legal issues

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01

Amount payable as compensation for the compulsory acquisition of 0.121 Ha of LR. No. 12648/119

Holding

Plaintiff entitled to the EACC-verified sum of Kshs. 11,700,991.25, not the earlier award of Kshs. 16,858,586

Reasoning

Section 107 of the Evidence Act placed the burden on the plaintiff to justify the earlier award. The award of 1st February 2019 included Kshs. 2,700,000 for improvements although NLC's own documents showed no improvements existed, rendering it irregular. The EACC revision was found legitimate and protective of the public treasury.

02

Liability of the 2nd and 3rd defendants

Holding

2nd and 3rd defendants liable for costs

Reasoning

The 3rd defendant entered the suit property in 2017 before requesting acquisition as required under Section 107 of the Land Act; the 2nd defendant received the compensation sum on 30th June 2020 but failed to forward it to the plaintiff.

p. 6
03

Liability of the 1st defendant

Holding

No liability

Reasoning

The 1st defendant was merely the road designer with no mandate over beacons, advertising or compensation for compulsory acquisition.

p. 7

Legal principles established

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  • Compulsory acquisition can only be done where there is prompt, full and just compensation
  • The burden lies on the landowner to demonstrate that a revised valuation does not amount to full and just compensation; the law does not envisage the owner's participation in valuation
  • An unexplained earlier award unsupported by valuation will not be upheld against a later EACC-verified award

Court orders

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  1. 1.The 2nd defendant to pay the plaintiff forthwith, the sum of Kshs. 11,700,991.25, plus interest thereon at court rates from the date of filing this suit
  2. 2.The costs of the suit shall be borne by the 2nd and 3rd defendants jointly and severally
  3. 3.The suit against the 1st defendant is dismissed with costs to him

Authorities

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Legislation

  • Land ActSection 113
  • Land ActSection 125
  • Land ActSection 107, Section 107B(2)
  • Kenya Roads ActSection 67(a)
  • Ethics and Anti-Corruption Economic Crimes ActSection 23
  • Fair Administrative Actions ActSection 7
  • Evidence ActSection 107
  • Constitution of Kenya 2010Articles 10, 40(3) and (4), 47, 50; Chapter Five

Cases cited (2)

  • Bidding and Lots Investment Limited v. National Land Commission & 2 Others; Republic (exparte) Judicial Review Misc. Application E005 of 2021
    [2022] KEELC 2182 (KLR) (5 May 2022)
  • Patrick Masimba v. National Land Commission & 2 Others
    Petition No. 613 of 2014
Jurisdiction invoked
Original civil jurisdiction (Environment and Land Court Act); constitutional provisions on compulsory acquisition under Article 40(3) and (4) of the Constitution considered

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Paul Njoroge Waweru v National Land Commission & 3 Others", Case Analysis (2024). Not stated in judgment ( plaint dated 30th August 2017 ). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6913/eng@2024-10-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.