Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedPetition dated 12th April, 2022 (Nakuru ELC)· [2025] KEELC 4892 (KLR)

Njoroge v Kenya Electricity Transmission Co.Ltd (Constitutional Petition 2 of 2022) [2025] KEELC 4892 (KLR)

Environment and Land Court
1 July 2025
2,949 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The Petitioner, owner of LR No. 425/87 in Naivasha (about 6.071 hectares), petitioned against the Respondent's construction of a 400/220/132KV Olkaria-Lessos-Kisumu high voltage transmission line across her land without compensation, seeking KES 68,296,000 for wayleave and consequential damages, general damages for loss of user and future profits, interest, and costs. By a consent adopted on 16th September 2024, the parties settled compensation for limited loss of use at Kshs. 13,583,851.20 and granted the Respondent a 60-metre easement over approximately 3.77 acres, leaving general damages and costs for determination. The Respondent contested entitlement on grounds that the Petitioner had not produced her certificate of title, had no change of user, EIA or NCA approvals for a proposed boutique hotel, and lacked bills of quantities or approved drawings. The court found the Respondent's denial of ownership inconsistent with its own negotiations and consent, holding that ownership was not in doubt. Relying on section 148 of the Land Act and the Court of Appeal decision in KPLC v Kimondiu, which endorsed recovery of lost user profits where interference directly precludes a project, the court awarded Kshs. 30,000,000 as general damages for loss of future use, stressing that the acquisition was an easement involving limited loss of use rather than compulsory acquisition. The Petitioner was also awarded the costs of the Petition. Judgment delivered at Nakuru on 1st July 2025 by M. A. Odeny, Judge.

Key legal issues

#
01

Whether the Petitioner is entitled to general damages for loss of user and future profits

Holding

Yes; awarded Kshs 30,000,000 as general damages for loss of future use, considering the partial consent and limited loss of use under an easement

Reasoning

Ownership was not in doubt; the Respondent negotiated and consented to compensate, yet produced no countering evidence to the claim that the transmission line diminished use of the land. The court applied the Land Act section 148 framework and the Kimondiu authority on loss of user profits, noting the easement entails limited loss of use rather than compulsory acquisition, and fixed a global figure balancing the parties' rights and the public good.

p. 5
02

Whether the Petitioner is entitled to costs of the Petition

Holding

Yes, costs of the Petition awarded to the Petitioner

Reasoning

Having succeeded in the claim for general damages after the Respondent's inconsistent stance on her ownership and its failure to negotiate in good faith, the Petitioner was held entitled to costs.

p. 6
03

Whether the Petitioner proved ownership of the suit property

Holding

Yes; ownership was established notwithstanding the absence of a produced certificate of title

Reasoning

The Respondent acknowledged the Petitioner's ownership by negotiating and recording a consent granting compensation and an easement, so it could not simultaneously deny ownership; such a stance was characterized as blowing hot and cold and lacking good faith.

p. 5

Legal principles established

#
  • Damages for loss of user profits are recoverable where interference with land directly and naturally precludes a projected development
  • A person dissatisfied with the amount, method or timing of wayleave compensation may apply to court, which may award additional costs and inconvenience

Court orders

#
  1. 1.Award of Kenya Shillings Thirty Million (Kshs 30,000,000) as general damages for loss of future use of the land due to the high voltage transmission power line
  2. 2.The Petitioner is entitled to the costs of the Petition
  3. 3.(By consent adopted 16th September 2024) easement measuring 60 meters wide in favour of the Respondent over LR No. 425/87 (Original Number 425/84/4) covering approximately 3.77 acres
  4. 4.(By consent) Respondent to pay Kshs. 13,583,851.20 as compensation for limited loss of use and consideration for the grant of easement, payable on or before 30.09.2024 upon allocation and disbursement of funds

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 27(1) and (2)
  • Constitution of Kenya, 2010Article 40
  • Constitution of Kenya, 2010Article 47
  • Energy ActSections 170, 173, 175
  • Land Act, Act No. 6 of 2012Sections 143(4), 148(1), 148(5), 149
  • Land Registration ActSection 26(1)
  • Evidence ActSections 106-107

Cases cited (14)

  • Hellen Chelel Mulama vs Kenya Electricity Transmission Company Limited (KETRACO)
    [2018] eKLR
  • Kenya Power and Lighting Company Limited vs Philip A M Kimondiu
    [2018] eKLR
  • Mubei vs Kenya Electricity Transmission Co. Limited & 2 others
    [2023] KEELC 18832 (KLR)
  • Orix Oil (Kenya) Limited vs Paul Kabeu & 2 others
    [2014] eKLR
  • KETRACO vs David Kithinji Mbijiwe
    Meru ELC No 42 of 2016
  • KETRACO vs James Kinoti M'Twerandu
    Meru ELC No 45 of 2016
  • Anarita Karimi Njeru vs Republic
  • Mumo Matemu vs Trusted Society of Human Rights Alliance & 5 others
  • Veronica Njeri Waweru & 4 others vs City Council of Nairobi & 2 others
    [2012] eKLR
  • Igal Roni Elfezouaty & Another vs KETRACO Limited
    Nakuru ELC Petition No E006 of 2022
  • Maridadi Flowers Limited vs KETRACO Limited
    Nakuru ELC Petition No E005 of 2022
  • Richard Nchapi Leiyagu vs KETRACO
    Nyahururu ELC Cae No 15 of 2020
  • Hussein Janmohamed & Sons vs Twentsche Overseas Trading Co. Ltd
    [1967] EA 287
  • U.Y B. Ltd v British Railways Board
    (2001) 81 P. and C.R. DG19 CA
Jurisdiction invoked
Articles 27, 40 and 47 of the Constitution of Kenya, 2010; Sections 148 and 149 of the Land Act, 2012; Sections 170, 173 and 175 of the Energy Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Njoroge v Kenya Electricity Transmission Co.Ltd (Constitutional Petition 2 of 2022) [2025] KEELC 4892 (KLR)", Case Analysis (2025). Petition dated 12th April, 2022 (Nakuru ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4892/eng@2025-07-01

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