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ELCPartially AllowedNot stated in the judgment as provided· [2025] KEELC 8349 (KLR)

Wanjohi & 10 others v Kenya Electricity Transmission Company Limited (Environment and Land Case 3 of 2019) [2025] KEELC 8349 (KLR)

Environment and Land Court
1 December 2025
7,383 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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What this practically means

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Executive summary

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Twelve plaintiffs, registered proprietors of parcels in Mavoko Municipality Block 39 (Afya) purchased through Afya Sacco around 2000-2002, sued Kenya Electricity Transmission Company Limited (KETRACO) after it erected the Mombasa-Nairobi 400kV transmission line across their parcels in 2010/2011 without paying compensation, later offering a blanket Kshs. 650,000 per parcel. They sought Kshs. 54,809,607.29 based on National Land Commission valuations, mesne profits, punitive and exemplary damages, special damages of Kshs. 540,000, and interest. KETRACO defended, contending it acquired only a wayleave for limited loss of land use; that the parcels were vacant, the owners absentee, and the plots subject to Machakos CMCC No. 958 of 2011; and that the NLC valuations of 2016/2017 post-dated the 2010 project cut-off date. The court framed three issues: entitlement to 100% compensation, adoption of the NLC or Dantu valuations, and entitlement to mesne, punitive and special damages. Holding that only a wayleave was acquired and that both valuations were flawed for post-dating the cut-off and valuing whole parcels rather than the affected wayleave, the court found the claimed amounts excessive and fixed reasonable compensation at Kshs. 800,000 per parcel (Kshs. 9,600,000 total). Mesne profits and special damages were denied for want of proof. Finding continuous trespass, the court awarded Kshs. 100,000 exemplary damages per parcel, with interest at court rates and costs to the plaintiffs. The suit was therefore partially allowed.

Key legal issues

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01

Whether Plaintiffs were entitled to 100% compensation based on NLC valuation

Holding

No; only a wayleave was acquired, and compensation is limited to the wayleave. The NLC and Dantu valuations were rejected as post-dating the 2011 cut-off and valuing whole parcels.

Reasoning

The Defendant acquired only wayleaves for a transmission line, with title remaining in the Plaintiffs. NLC valued whole parcels in 2016/2017 although the project cut-off was 2011, and Dantu's valuations were likewise after the cut-off. Both valuations therefore failed to assess value at the date of acquisition or limit value to the affected portion. The Plaintiffs bought the plots at Kshs. 65,000, never developed them, and most association members accepted Kshs. 650,000. A court-ordered Kshs. 800,000 per parcel was fixed as reasonable compensation.

p. 17
02

Whether the Plaintiffs were entitled to mesne profits

Holding

No; the claim failed for lack of proof.

Reasoning

Mesne profits under Section 2 of the Civil Procedure Act are profits actually received or which might with ordinary diligence have been received by a person in wrongful possession. The Plaintiffs' parcels were vacant and undeveloped, and there was no demonstration that the Defendant, a public entity, received profits from the power lines traversing the parcels. The claim was therefore not proved.

p. 17
03

Whether the Defendant committed continuous trespass

Holding

Yes; each Plaintiff awarded Kshs. 100,000 exemplary damages for continuous trespass.

Reasoning

The Defendant did not deny constructing and maintaining high voltage power lines on the suit parcels while the Plaintiffs remained uncompensated. Following John Kiragu Kimani v Rural Electrification Authority, entering land without consent or notice amounts to trespass, and continued presence of the lines constituted continuous trespass justifying exemplary damages.

p. 17

Legal principles established

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  • Just compensation for compulsory acquisition must equate restitution and be paid promptly and in full
  • 100% compensation is payable only where the owner is denied all use of the land as in compulsory acquisition, not in ordinary wayleave acquisitions
  • The project cut-off date is the critical date for assessing market value in compulsory acquisition, and valuation must be limited to the portion affected by the wayleave

Court orders

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  1. 1.Judgment for the Plaintiffs in the total sum of Kshs. 9,600,000 being Kshs. 800,000 each for the 12 parcels (as itemised per plaintiff)
  2. 2.Exemplary damages for trespass at Kshs. 100,000 for 12 parcels
  3. 3.Interest on the compensation and exemplary damages at Court rates from the date of judgment until payment in full
  4. 4.Costs of the suit to the Plaintiffs

Authorities

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Legislation

  • Constitution of KenyaArticles 40, 40(3), 47, 50, 201, 210
  • Land ActSections 107, 110, 112
  • Land Registration ActSection 26
  • Civil Procedure Act (Cap 21)Section 2 (definition of mesne profits)
  • Energy ActSection 46 (referenced via quote)

Cases cited (12)

  • Machareus Obaga Anunda v Kenya Electricity Transmission Co. Ltd
    [2015] eKLR
  • Patrick Musimba v National Land Commission & 4 others
    [2016] eKLR
  • Five Star Agencies Limited v National Land Commission
    (Civil Case 445 of 2014) [2022] KEELC 14745 (KLR) (10 November 2022)
  • Katra Jama Issa v Attorney General & 3 others
    [2018] eKLR
  • Christopher Ndarathi Murungaru v Kenya Anti-Corruption Commission & Hon. Attorney General
    [2006] eKLR
  • Gatere & another v Kenya Electricity Transmission Co Ltd
    (Environment & Land Case E039 of 2023) [2024] KEELC 4560 (KLR) (10 June 2024) (Ruling)
  • Nyabochwa Obiero v Kenya Power and Lighting Company Limited & another
    [2021] eKLR
  • Kenya Electricity Transmission Company Limited v Kibotu Limited
    [2019] eKLR
  • Kenya Electricity Transmission Company Limited v Malicha
    [2023] KEELC 71 (KLR)
  • Kenya National Highways Authority v Issa & 3 Others
    [2025] KECA 213 (KLR)
  • Kenya Power & Lighting Company Ltd v Ringera & 2 Others
    (Civil Appeal E247 & E248 of 2020 (Consolidated)) [2022] KECA 104 (KLR) (4 February 2022)
  • John Kiragu Kimani vs. Rural Electrification Authority
    (2018) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land claims (Articles 40, 47 and 50 of the Constitution as read with Sections 107, 110 and 112 of the Land Act raised by the parties)

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, "Wanjohi & 10 others v Kenya Electricity Transmission Company Limited (Environment and Land Case 3 of 2019) [2025] KEELC 8349 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8349/eng@2025-12-01

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