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ELCPartially AllowedELC Petition No. 31 of 2020· [2025] KEELC 4906 (KLR)

Aloka Limited v National Land Commission & another (Environment & Land Petition 31 of 2020) [2025] KEELC 4906 (KLR)

Environment and Land Court
2 July 2025
SKS. M. Kibunja
3,827 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court found a landowner's compensation was cut unfairly, but since the owner had accepted the lower payment, it could not recover the higher amount.

What this practically means

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Executive summary

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The petitioner, a manufacturing company that was a tenant on plot V/MN/1052, petitioned the Environment and Land Court at Mombasa after the plot was compulsorily acquired for the dualling of the Mombasa-Mariakani Road A109 (Gazette No. 1945 of 3rd March 2017). It claimed Kshs.242,506,460 for relocation, damages and loss of income, was first offered Kshs.9 million, then had the award revised upwards to Kshs.180 million by the National Land Commission (1st respondent), but was ultimately paid Kshs.58,492,800, which it accepted as 'part payment'. It alleged violation of Article 47 (fair administrative action) and Article 40(3)(b) (prompt payment in full of just compensation) and sought declarations and payment of the Kshs.180 million award. The 2nd respondent, KeNHA, defended the payment; the 1st respondent filed no timely reply and called no evidence, and its late replying affidavit was struck out. The court found the petition met the Anarita Karimi Njeru threshold and that the unexplained reduction of the award compromised fair administrative action, inferring the 1st respondent acted at the 2nd respondent's behest. However, because the petitioner accepted the Kshs.58,492,800 award under section 115 of the Land Act, it was estopped from claiming more. Judgment was entered for the petitioner on prayers (ii), (iii) and (vi): declarations that property rights are derogable only upon full and just compensation and that the irregularities substantially affected the final award, with costs to the petitioner; all other prayers, including payment of Kshs.180 million or a fresh valuation, were dismissed.

Key legal issues

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01

Whether the petition met the constitutional pleading threshold

Holding

Yes. The petitioner demonstrated violation of its right to fair administrative action under Article 47; the argument that the matter should have gone to the Land Acquisition Tribunal failed because the tribunal was not yet formed when the suit was filed.

Reasoning

Applying Anarita Karimi Njeru and Mumo Matemo, the court found the petition pleaded with sufficient precision the infringement of Article 47. The unexplained shifts in the award from Kshs.9 million to Kshs.180 million to Kshs.58,492,800 showed the right to fair administrative action was compromised. The section 133C referral argument failed as the tribunal was formed on 15th September 2023, after filing.

p. 4
02

Whether the process of compulsory acquisition and compensation was just

Holding

Partially. Procedural steps under the Land Act were followed, but the downward revision from Kshs.180 million to Kshs.58,492,800 was unexplained because the 1st respondent opted not to tender evidence.

Reasoning

While gazette notices, survey, inquiry and award procedures were followed, no evidence explained the changed figures. The 1st respondent filed no reply and called no witness; its late replying affidavit was struck out. DW1 admitted only the 1st respondent could explain the revision. The court inferred the reduction was made at the 2nd respondent's behest, amounting to a failure of the Article 47 duty and a miscarriage of justice.

p. 6
03

Whether the petitioner accepted Kshs.58,492,800 or was entitled to Kshs.180 million

Holding

The petitioner accepted Kshs.58,492,800 and, by section 115 of the Land Act and the doctrine of estoppel, cannot claim the higher award.

Reasoning

PW1 admitted signing the acceptance forms for Kshs.58,492,800 and did not fill part (b) rejecting the award. Section 115 of the Land Act provides that acceptance of an award bars further claims; section 120 of the Evidence Act and Pickard v Sears establish estoppel. Despite the mystery of how the award was rendered, the court cannot vary an accepted award.

p. 6
04

Costs

Holding

Costs of the petition awarded to the petitioner under section 27 of the Civil Procedure Act.

Reasoning

Costs follow the event. The petitioner succeeded in proving that the compensation was not just and therefore partly succeeded, so the respondents should bear the costs.

p. 7

Legal principles established

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  • A constitutional petition must identify with reasonable precision the provision infringed and the manner of infringement (Anarita Karimi Njeru threshold).
  • Compensation for compulsory acquisition must fully make good the loss of the person deprived of property.
  • A party who by acceptance of an award induces another to act on that belief is estopped from denying it (section 120, Evidence Act; Pickard v Sears).
  • Where the acquiring authority fails to tender evidence explaining a downward revision of a compensation award, the court may infer the award was not just.

Court orders

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  1. 1.A declaration that the right to ownership and application of property is only derogable by the state or its agencies (in this instance through compulsory acquisition) upon full and just payment of compensation.
  2. 2.A declaration that the non-compliance, irregularities and improprieties in the said process was substantial and significant that they affected final award thereof.
  3. 3.The petitioner is awarded costs of the Petition.
  4. 4.All the other prayers are dismissed.

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 40(3)
  • Constitution of Kenya, 2010Article 47
  • Land Act, 2012 (Chapter 280, Laws of Kenya)Sections 107, 110, 112, 115, 115(1)(b), 120-122, 133C, 162(2)
  • Evidence Act (Chapter 80, Laws of Kenya)Section 120
  • Civil Procedure Act (Chapter 21, Laws of Kenya)Section 27

Cases cited (8)

  • Anarita Karimi Njeru versus Republic
    (1979) eKLR
  • Mumo Matemo versus Trusted Society of Human Rights Alliance and 5 others
    (2013) eKLR
  • Patrick Musimba versus National Land Commission & 4 others
    [2016] eKLR
  • Horn versus Sunderland Corporation
    [1941] 2 KB 26,40
  • Ngugi Mbugua versus Chairman of National Land Commission & 3 others
    (2021) eKLR
  • Paul Njoroge Waweru versus Joash Ochieng t/a Aegis International & 3 others
    Machakos ELC 357 of 2017
  • Pickard versus Sears
    112 ER 179
  • Serah Njeri Mwobi versus John Kimani Njoroge
    (2013) eKLR
Jurisdiction invoked
Articles 40(3) and 47 of the Constitution of Kenya, 2010 (petition for violation of constitutional rights arising from compulsory acquisition)

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, "Aloka Limited v National Land Commission & another (Environment & Land Petition 31 of 2020) [2025] KEELC 4906 (KLR)", Case Analysis (2025). ELC Petition No. 31 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4906/eng@2025-07-02

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