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ELCPartially AllowedPetition dated 16/12/2022 (amended 10/2/2025)

Muhu Holdings Ltd v Njuguna & 7 others (Environment and Land Petition 11 of 2023) [2026] KEELC 2367 (KLR)

Environment and Land Court of Kenya
9 April 2026
6,079 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's government must pay a landowner over KES 555 million for settling IDP families on private land without buying it, but the families won't be evicted if payment is made.

What this practically means

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Executive summary

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Muhu Holdings Limited, the registered leasehold proprietor of L.R No. 5605/3, I.R No. 208753 (approx. 521.65 acres) in Ol-Kalou, Nyandarua County, petitioned against IDP camp officials, the Director of Land Adjudication and Settlement, the Attorney General, the National Land Commission, the Principal Secretary Ministry of Lands and the Inspector General of Police, alleging infringement of its Article 40 right to property after 174 internally displaced families were settled on the land in 2009 during stalled Government purchase negotiations. The Respondents raised a preliminary objection on res judicata based on Nyahururu ELC Case No. E003 of 2021 and argued the Petitioner, a company, had no constitutional rights. The court rejected the res judicata objection, holding the party raising it bore the burden of producing the earlier pleadings and the earlier suit was not finally determined. It found the Petitioner proved on a balance of probabilities that its Article 40(3) rights were infringed, the Respondents' replies being mere denials. It declined immediate eviction, finding the IDPs held legitimate expectations induced by the State, but made eviction conditional on non-compliance. Judgment was entered against the 4th to 7th Respondents jointly and severally for Kshs 505,883,000/= special damages (including Kshs 435,000,000/= full and just value per the Lloyd Masika valuation), Kshs 50,000,000/= general damages for trespass, interest, and costs. Judgment delivered at Nyandarua on 9 April 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Petition is res judicata in light of Nyahururu ELC Case No. E003 of 2021
  2. 2.Whether the Petitioner's right to protection of property under Article 40(3) of the Constitution was infringed
  3. 3.Whether the forceful entry and occupation of the suit property by the 1st to 3rd Respondents with the connivance of the 4th to 8th Respondents violated the Petitioner's constitutional rights
  4. 4.Whether the Petitioner is entitled to an eviction order against the IDPs settled on the suit property
  5. 5.Whether the Petitioner is entitled to compensation, special and general damages for trespass and loss of user

Key legal issues

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01

Res judicata vis-à-vis Nyahururu ELC Case No. E003 of 2021

Holding

The petition is not res judicata; the party raising it failed to produce the pleadings of the earlier case, and that case had not been finally determined

Reasoning

The respondents did not attach the pleadings from the earlier Nyahururu suit, only an order. The court held it was not its duty to travel to the registry to verify the earlier suit. Further, section 7 of the Civil Procedure Act requires the earlier case to have been heard and finally decided, and the 1st Respondent's own affidavit showed the earlier suit was still pending. The objection therefore failed.

p. 5
02

Whether the Petitioner's Article 40(3) right to property was infringed

Holding

Yes - the Petitioner proved on a balance of probabilities that its right to protection of property under Article 40(3) was infringed

Reasoning

The Petitioner held a registered leasehold title for 99 years from 1/11/2010. The Government negotiated to purchase the land for settlement of IDPs, settled 174 families on it, but delayed concluding the purchase while the price appreciated. The respondents' replies were mere denials. The State's obligation to settle displaced persons under section 134 of the Land Act required it to purchase private land with compensation, which it failed to do promptly.

p. 10
03

Whether the Petitioner, a company, can claim constitutional rights and whether Article 65 non-citizen landholding limits apply

Holding

The Petitioner holds a registered leasehold title; the citizenship of its shareholders is immaterial, and Article 65(3) treats a body corporate as a citizen only if wholly owned by citizens

Reasoning

Since it was not disputed that the Petitioner holds a registered leasehold title, whether its shareholders or directors are non-citizens was immaterial and irrelevant to the petition. The court quoted Article 65(3) to dispose of the 1st-3rd Respondents' argument in paragraph 12 of their Replying Affidavit.

p. 8
04

Trespass and general damages

Holding

The IDPs' occupation with the encouragement of the 4th, 5th, 6th and 7th Respondents constituted trespass; Kshs 50,000,000/= general damages awarded against the State respondents

Reasoning

Section 3(1) of the Trespass Act criminalises entering or remaining on private land without the occupier's consent. Relying on Philip Ayaya Aluchio v Crispinus Ngayo and Willesden Investments Limited, the court found no mathematical formula for such damages and, considering the circumstances, awarded Kshs 50,000,000/= against the State respondents who encouraged the invasion during negotiations.

p. 11
05

Measure of compensation for the suit property

Holding

The alternative prayer for compensation at full and just market value succeeded; the Lloyd Masika valuation of Kshs 435,000,000/= was adopted as not unreasonable

Reasoning

The court noted the prolonged negotiations attributable to the Respondents, which caused the land to appreciate. The market value at the time of judgment ranged from Kshs 1,000,000/= to Kshs 1,400,000/= per acre, making the Lloyd Masika valuation of Kshs 435,000,000/= for the 521.65 acres reasonable. Loss of user of Kshs 70,000,000/= and valuation fees of Kshs 883,000/= were added.

p. 11
06

Eviction of the IDPs

Holding

Eviction was not granted as a primary order but made conditional on the 4th to 7th Respondents' failure to comply with the compensation orders

Reasoning

The IDPs were settled on the land by the State and hold a legitimate expectation that the land was bought for them; they were themselves displaced persons. The court therefore declined to order immediate eviction but provided that if the State respondents fail to pay, the eviction order would automatically issue and be enforceable through the 8th Respondent.

p. 11

Legal principles established

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  • A person seeking constitutional redress must plead with precision the provisions infringed and the manner of infringement
  • Once proprietary interest is lawfully acquired, Article 40 protects it against arbitrary deprivation
  • The State may not deprive a person of property without prompt payment of just compensation for a public purpose
  • A party alleging res judicata bears the burden of placing before the Court the previous suit's material
  • The right to property is a constitutional right and also a human right

Court orders

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  1. 1.Judgment entered against the 4th, 5th, 6th and 7th Respondents jointly and severally for Special Damages of Kshs 505,883,000/= comprising Kshs 435,000,000/= full and just value of the suit property, Kshs 60,000,000/= loss of user and/or income from 2009 to 19/6/2024, Kshs 10,000,000/= loss of user from June 2024 to date of judgment, and Kshs 883,000/= professional fees for the valuer Lloyd Masika Ltd
  2. 2.Kshs 50,000,000/= General Damages for Trespass against the 4th, 5th, 6th and 7th Respondents jointly and severally
  3. 3.Interest on the special damages at Court rates from the date of filing suit till payment in full
  4. 4.Interest on the general damages for trespass at Court rates from the date of judgment till payment in full
  5. 5.Should the 4th, 5th, 6th and 7th Respondents fail to comply, an eviction order against the IDPs shall immediately issue and be executable, in which case an order shall issue directed to the 8th Respondent through the Police County Commander, Nyandarua County to enforce the eviction orders
  6. 6.Costs of the suit to the Petitioner

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 22, 23 and 258 of the Constitution of Kenya, 2010 (enforcement of Bill of Rights; contraventions of Articles 10, 27 and 40 alleged)

Relief refused

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Declaration that the Petitioner is in possession of an indefeasible title

It would be unnecessary to declare what is obvious from the registered title

p. 11

Immediate eviction order against the IDPs settled on the suit land

The IDPs were misled by the State respondents and hold a legitimate expectation; eviction is conditional on the State respondents' non-compliance

p. 11

Costs

Costs of the suit to the Petitioner; no costs ordered against the IDP Respondents (1st-3rd) or the 8th Respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It would therefore be unnecessary to issue a Declaration for what is obvious.
p. 11declaratory relief
It would be double tragedy for the Court to issue an eviction order against the IDPs settled on the suit land without the consent of the Petitioners as a major prayer before the other prayers fail.
p. 11eviction of IDPs - conditional relief
They were led to believe the land had been bought for them by the 4th, 5th, 6th and 7th Respondents. This was therefore their legitimate expectations.
p. 11legitimate expectation of IDPs
I have considered the Respondents' evidence in their Responses and the same are just mere denials devoid of substance.
p. 6weight of respondents' evidence
I will award the Petitioner the sum of Kshs. 50,000,000/= General Damages for Trespass against the 4th, 5th, 6th and 7th Respondents jointly and severally.
p. 11damages for trespass
Should the 4th, 5th, 6th and 7th Respondents fail to comply with the prayers issued hereinbefore i.e. prayer numbers (a), (b), (c) and (d) above, an eviction order against the IDPs settled on the suit land shall immediately issue and the same shall automatically be executable
p. 12final orders - conditional eviction

Issues in the judgment

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minor

The judgment records an acceptance of the Government offer of 12/11/2009 for Kshs 120,000/= per Acre 'totaling to Kshs 70,000,000/=' but earlier states the Settlement Fund Trustees offered Kshs 170,000/= per acre 'making it a total of Kshs 88,740,000/='; the arithmetic of the figures is inconsistent

minor

The judgment cites an apparently future-dated authority (6 March 2026) in a judgment delivered 9 April 2026, and also misdates a letter ('On 15/4/2010 made a counter offer' after an offer of 7/4/2011) and a non-existent date ('On 30/2/2023')

minor

Inconsistent parcel references: the title is described as L.R No. 5605/3, I.R No. 208753 in the prayers but as 'L.R No. 5605/3 L.R No. 208755' in paragraph 49

minor

The special damages award is stated as Kshs 505,883,000/= but its components (435,000,000 + 60,000,000 + 10,000,000 + 883,000) total Kshs 505,883,000/- only if the valuation fees figure is read as 883,000; the Petition itself pleaded 'Kshs 883,9000.00', an internally inconsistent figure

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, "Muhu Holdings Ltd v Njuguna & 7 others (Environment and Land Petition 11 of 2023) [2026] KEELC 2367 (KLR)", Case Analysis (2026). Petition dated 16/12/2022 (amended 10/2/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2367/eng@2026-04-09

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