Njoroge v Kenya Electricity Transmission Co.Ltd (Constitutional Petition 2 of 2022) [2025] KEELC 4892 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioner is entitled to general damages for loss of user and future profits
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
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.
Whether the Petitioner is entitled to costs of the Petition
Yes, costs of the Petition awarded to the Petitioner
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.
Whether the Petitioner proved ownership of the suit property
Yes; ownership was established notwithstanding the absence of a produced certificate of title
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.
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.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.The Petitioner is entitled to the costs of the Petition
- 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.(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
- 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.