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ELCDismissedKabarnet ELC Petition No. E005 of 2023 (formerly Iten ELC Petition No. 19 of 2022)· [2026] KEELC 1904 (KLR)

Joseph Arusei Wendott & 171 Others v National Land Commission & 8 Others

Environment and Land Court
23 March 2026
LWL. N. Waithaka
8,170 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~33 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court dismissed a Kshs. 14 billion land compensation claim over Lake Bogoria, ruling families were lawfully paid in 1986 and waited too long to complain.

What this practically means

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Executive summary

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The 172 petitioners, residents around Lake Bogoria, petitioned the Environment and Land Court seeking declarations that their customary rights to land set apart in 1974 for the Lake Bogoria National Reserve were violated, that the setting apart under sections 117 and 118 of the repealed Constitution and the Trust Land Act Cap 288 was of no effect for want of prompt, full compensation, and claiming compensation of over Kshs. 4.6 billion, loss of user, special, exemplary and constitutional damages against eight respondents. Their case was that the Kshs. 3,152.35 each family received in 1986 was only for demolition of houses, not for the land. The respondents maintained that the statutory setting-apart procedure was followed, that compensation was agreed and paid in full in 1986 with signed acknowledgments, and that the claim was stale and unsupported. The court, through viva voce evidence, held that the Trust Land Act prescribed the compensation framework: claims lay before the District Commissioner under sections 8 and 9, with appeal to the Provincial Agricultural Board under section 10 and High Court access under section 12. Because the petitioners' rights were held in common, the uniform award was lawful absent individual applications for differential treatment, which were never made. The petitioners bore the burden of proving the award inadequate and proved nothing. PW1 admitted they vacated only after payment, defeating the promptness complaint. Applying the Njenga Karume principle, the court held the petitioners were bound to use the statutory redress and gave no explanation for not doing so. The petition was dismissed with costs to the respondents.

Key legal issues

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01

Whether the Kshs. 3,152.35 paid per family to the 172 residents constituted prompt payment of full compensation under sections 8 and 9 of the Trust Land Act

Holding

The uniform award was lawful; the petitioners failed to prove entitlement to differential or additional compensation and failed to prove they were evicted before payment

Reasoning

Section 8(1) of the Trust Land Act provides for compensation to residents with customary rights of occupation. Under section 9 a claimant had to apply to the District Commissioner, and where rights were held in common the award would be uniform. The petitioners neither applied for differential treatment nor produced evidence of what each would individually be entitled to. PW1 admitted they moved out only after being paid, so promptness was not disproved.

p. 45
02

Whether the petitioners were required to exhaust the statutory remedy of appealing the compensation award under section 10(1) of the Trust Land Act

Holding

Yes; the Trust Land Act provided a clear procedure for redress (notice of award, appeal to the Provincial Agricultural Board, High Court access under section 12) which the petitioners did not use or explain their failure to use

Reasoning

The court applied the Njenga Karume principle: where a clear statutory procedure prescribes redress, it must be strictly followed. The Act allowed appeal within thirty days of notification of the award and access to the High Court to challenge the legality of setting apart and to seek prompt payment. The petitioners gave no reasonable explanation for bypassing these mechanisms for over 40 years.

p. 49

Legal principles established

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  • Where there is a clear procedure for redress of a particular grievance prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed
  • Where compensation under section 8(1) of the Trust Land Act is based on rights held in common under African Customary Law, a uniform award is lawful; differential awards require individual applications to the District Commissioner
  • The party alleging inadequacy of a compensation award bears the burden of proving it

Court orders

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  1. 1.The petition is dismissed with costs to the respondents

Authorities

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Legislation

  • Constitution of Kenya (repealed)Sections 117(1), 117(2), 117(4), 118
  • Constitution of Kenya, 2010Articles 40, 40(3), 47
  • Trust Land Act Cap 288 (repealed)Sections 7(1), 8, 8(1)(a), 8(1)(b), 9(1), 9(2), 10(1), 10(4), 12, 13(2)
  • Land Act, 2012Section 107

Cases cited (1)

  • Speaker of the National Assembly vs. Njenga Karume
    (2008) 1 KLR 425
Jurisdiction invoked
Original constitutional petition jurisdiction under Article 40 and 47 of the Constitution; former Iten ELC Pet. No. 19 of 2022 transferred to Kabarnet as ELC Pet. E005 of 2023

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, "Joseph Arusei Wendott & 171 Others v National Land Commission & 8 Others", Case Analysis (2026). Kabarnet ELC Petition No. E005 of 2023 (formerly Iten ELC Petition No. 19 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1904/eng@2026-03-23

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