Yano v County Government of Elgeyo Marakwet (Environment and Land Petition E001 of 2023) [2026] KEELC 2607 (KLR)
The bottom line
#A Kenyan court ordered a county government to pay Kshs.2 million for building a road through private land without consent, ruling that public interest does not excuse unlawful trespass.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent's entry onto and construction of a road through the petitioner's land was unlawful
Yes - it was illegal, unconstitutional and amounted to trespass to private land
The court found as uncontroverted that the petitioner was never individually approached for consent, was excluded from public participation meetings, objected to the road, reported the matter to police and obtained injunction orders which the respondent nonetheless disobeyed through its contractor. Entry onto private land without consent or lawful authority is trespass, actionable per se, and the respondent's public interest defence fails because it bore the duty to implement the project lawfully.
Whether the respondent violated the petitioner's constitutional rights
Yes - violation of the right to property, fair administrative action under Article 47, and legal protection by disobeying a court order
The respondent's actions deprived the petitioner of property without consent, were taken without notice or hearing despite knowledge of his objection, and, worst of all, the respondent's contractor continued works in disregard of a lawful injunction the respondent knew of. The court held the respondent responsible for its agent's disobedience, finding the public interest and third-party excuses unsustainable.
What compensation is due for the loss and damage suffered
The pleaded special damages of Kshs.3,580,000/- for restoration was not awarded as neither valuation was reliable; general damages of Kshs.2,000,000/- were assessed
The petitioner's valuer's report was rejected because it used an inappropriate method, did not demonstrate that the triangular drop was factored, and ignored materials left on site usable for backfilling. The respondent's assessment was equally unhelpful as it covered only part of the destroyed land and wrongly excluded parcel 1300, which exists on the ground despite its absence from the RIM. The court therefore assessed general damages at Kshs.2,000,000/-.
Legal principles established
#- Construction of a public access road through private land without consent or a lawful basis amounts to actionable trespass, and a public interest justification cannot excuse a state organ that implements a project unlawfully and in violation of others' rights.
- A state organ is responsible for the disobedience of court orders by its agent/contractor.
- In the absence of pleading and proof of fraud or irregularity in registration, a registered parcel cannot be treated as non-existent merely because it does not feature on the Registry Index Map.
Court orders
#- 1.A declaration that the action of the respondent complained of is illegal, unconstitutional and amounts to trespass to private land
- 2.A declaration that the respondent is in violation of Articles 2, 10, 19, 20, 21, 40, 42, 47 and 50(1) of the Constitution of Kenya 2010 and the Fair Administrative Actions Act
- 3.General damages for violation of the petitioner's fundamental rights assessed at Kshs.2,000,000/-
- 4.A permanent injunction prohibiting the respondent or its employees, servants and agents from ever trespassing into the petitioner's land or interfering with properties known as Cherangany/Kapcherop/1174 and Cherangany/Kapcherop/1300
- 5.Costs of the suit to the petitioner
- Jurisdiction invoked
- Original jurisdiction under the Constitution of Kenya 2010, including Articles 40, 47 and 50(1) (petition alleging violation of constitutional rights); suit transferred from the High Court at Eldoret
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Yano v County Government of Elgeyo Marakwet (Environment and Land Petition E001 of 2023) [2026] KEELC 2607 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2607/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.