Kigotho & another v National Land Commission & another (Environment and Land Petition E001 of 2023) [2025] KEELC 7830 (KLR)
The bottom line
#Kenya's Land Court ordered the National Land Commission to pay landowners their compensation plus interest, ruling a vague objection letter was no excuse for withholding it.
What this practically means
#Executive summary
#Key legal issues
#Legality of the compulsory acquisition process
The acquisition was lawfully initiated and conducted in accordance with Sections 107, 112, 113 and 114 of the Land Act and Article 40(3) of the Constitution
The NLC issued the Gazette Notices of intention to acquire and of inquiry, the inquiry was concluded, and awards were published and accepted by the Petitioners. The acquisition served a public purpose (the Kenol-Sagana-Marua road), which has been completed and is in use. What failed was completion of the process through payment of compensation.
Whether withholding compensation on account of a pending historical land injustice claim was justified
The withholding contravened Articles 40(3) and 47(2) of the Constitution; the letter objecting to payment related to a different parcel and the Petitioners were not shown to be parties to the historical claim
Section 115(1)(c) permits deferral only where there is a genuine dispute as to entitlement. The objection letter concerned Kiine/Kibingoti/Nguguini/939 and it was not demonstrated how it related to the Petitioners' parcels or that they were joined in the historical claim. The NLC also did not pay the funds into a special account under Section 115(2) and did not disclose progress in the historical case.
Entitlement to general, exemplary and aggravated damages
Refused; the refusal to pay was based on a mistaken but not oppressive view of Section 115(1)(c)
The court distinguished between a violation arising from an erroneous statutory interpretation and conduct that is callous, arbitrary or oppressive. The NLC genuinely, though wrongly, believed Section 115(1)(c) applied. Aggravated and exemplary damages require oppressive or injurious conduct absent here.
Legal principles established
#- The acquiring authority must deposit compensation funds with the National Land Commission before acquisition is undertaken; it has no discretion to withhold them
- A pending historical land injustice claim does not justify withholding compensation where its nexus to the acquired parcels is not demonstrated
Court orders
#- 1.A declaration that the Petitioners rights under Article 40 and 47 of the Constitution were contravened by the Respondents
- 2.The Respondents are ordered to pay the Petitioners the compensation awards made on 28th July 2021 for land parcel Kiine/Nguguini/3101 Kshs 1,473,965/- and land parcel Kiine/Nguguini/3102 Kshs 732,010/- together with interest at Court rates from the date of the award
- 3.The Petitioners are awarded the costs of the Petition
- Jurisdiction invoked
- Articles 40, 47 and 23 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kigotho & another v National Land Commission & another (Environment and Land Petition E001 of 2023) [2025] KEELC 7830 (KLR)", Case Analysis (2025). Petition dated 10th February, 2023 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7830/eng@2025-11-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.