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ELCDismissedEnvironment and Land Court Appeal from Nairobi Chief Magistrate's Court ELC Case No. E179 of 2024

Registered Trustees of Christs Co-Workers Fellowship v Kenya National Highways Authority & another (Environment and Land Appeal E028 of 2026) [2026] KEELC 5241 (KLR)

Environment and Land Court of Kenya
31 July 2026
6,588 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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A church occupying land after its lease expired lost its challenge to the compulsory acquisition of that land for the Nairobi Expressway.

What this practically means

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Executive summary

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This is a first appeal to the Environment and Land Court at Voi from the judgment of Hon. M.A. Otindo, Chief Magistrate, in Nairobi CM ELC Case No. E179 of 2024 delivered on 27th January 2026, which dismissed the plaintiff's suit, declared the notice of intended demolition lawful, and directed any compensation claim to the National Land Commission and Land Acquisition Tribunal. The Appellant, a church whose lease of L.R. No. 209/11953 expired in March 2009 but who remained in occupation, challenged the compulsory acquisition of the parcel for the Nairobi Expressway Project, contending that only 6.7549 of 7.292 hectares was acquired and that its occupation was not covered by the gazette notices or compensated. The court, sitting as a first appellate court, re-evaluated the evidence. It found that the entire parcel had been lawfully acquired, that the acreage discrepancy arose from the portion already occupied by Ngong Road, and that the registered owner (the 2nd Respondent) was compensated Kshs 7,717,313,430.0 and surrendered its title. The Appellant's continued occupation created only a periodic lease, an unregistrable interest under Section 58 of the Land Act, incapable of founding a claim to compensation. The eviction notice of 2nd April 2024 issued by KeNHA was held lawful and procedurally justified. On jurisdiction, the court held that compensation disputes must go in the first instance to the Land Acquisition Tribunal under Sections 133C and 133D of the Land Act, and that the suit's value exceeded the magistrate's pecuniary jurisdiction. Citing the Karume principle, it affirmed the trial court's refusal of jurisdiction over compensation. The appeal was dismissed with costs to the respondents.

Questions the Court framed

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

  1. 1.Whether the trial court properly evaluated the evidence and legal requirements governing the compulsory acquisition of the suit property
  2. 2.Whether the Appellant established a valid legal or proprietary interest in the suit property warranting protection
  3. 3.Whether the eviction and demolition notice issued by the 1st Respondent was lawful
  4. 4.Whether the trial court rendered contradictory findings by declining jurisdiction over compensation while determining the merits of the compulsory acquisition dispute

Key legal issues

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01

Sufficiency of the compulsory acquisition process for L.R. No. 209/11953

Holding

The entire parcel was lawfully acquired; the acreage discrepancy was accounted for by the portion already occupied by Ngong Road, and the registered owner was compensated Kshs 7,717,313,430.0

Reasoning

The Gazette Notices of 12th March 2020 and 4th September 2020 identified the acquisition for the Nairobi Expressway Project. The Director of Survey at KeNHA explained the apparent discrepancy in acreage. The 2nd Respondent surrendered its title on 21st May 2021, and a Senate valuation report confirmed compensation was duly paid to the registered owner.

p. 9
02

Whether the Appellant held a valid legal or proprietary interest warranting protection

Holding

No. The lease expired in March 2009 without renewal or registration; continued occupation created only a periodic lease which is an unregistrable interest under Section 58 of the Land Act

Reasoning

Under Section 57(1) of the Land Act, remaining in possession with the lessor's consent after expiry of the term creates a periodic lease. A short-term or periodic lease is not a registrable interest under Section 58. The Appellant's oral assurances of reservation of the land were not recognized as registrable interests unless registered under Article 135 of the Constitution.

p. 11
03

Lawfulness of the eviction and demolition notice dated 2nd April 2024

Holding

The notice was lawful, reasonable and procedurally justified, issued under the Kenya Roads Act and the Traffic Act after prior engagement of the Appellant

Reasoning

Having acquired the land wholly and paid compensation, the 1st Respondent acted within its mandate. There had been an initial communication in January 2022 and a meeting on 28th January 2022 in which the Church acknowledged the need to relocate and requested time to move. The Church had remained on the acquired land long after completion of the acquisition.

p. 11
04

Whether the trial court's treatment of compensation jurisdiction was contradictory

Holding

No. Jurisdiction over compensation disputes vests in the Land Acquisition Tribunal under Sections 133C and 133D of the Land Act, and the trial court rightly declined jurisdiction on compensation

Reasoning

Section 133C(6) requires matters relating to compulsory acquisition to be referred in the first instance to the Tribunal, with appeals to the ELC under Section 133D. Additionally, the pecuniary value of the suit property (over Kshs 7.7 billion) far exceeded the trial magistrate's pecuniary jurisdiction of Kshs 15,000,000.

p. 13

Legal principles established

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  • Compulsory acquisition of land extinguishes the proprietor's rights and interests in the acquired land upon lawful acquisition and payment of compensation in accordance with the Land Act, 2012
  • Where a clear procedure for redress of a grievance is prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed
  • Costs follow the event and the successful party gets costs

Court orders

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  1. 1.The appeal is dismissed in its entirety
  2. 2.Costs of the appeal are awarded to the respondents
  3. 3.The judgment and decree of the trial court dismissing the plaintiff's suit are upheld

The bench

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

majority

Wrote the judgment

On appeal from
Nairobi Chief Magistrate's Court (ELC Case No. E179 of 2024)
ELC Case No. E179 of 2024
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act (first appellate jurisdiction); Section 133D of the Land Act, 2012

Relief refused

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Setting aside the trial court's judgment and decree

The Appeal lacks merit; the compulsory acquisition was lawful and the Appellant held no registrable interest, only an unregistrable periodic lease

p. 13

Judgment allowing the Appellant's claim as prayed in the Plaint

The Appellant failed to establish a valid legal or proprietary interest; the whole parcel was lawfully acquired and compensation paid to the registered owner

p. 11

Costs

Appeal dismissed with costs to the respondents

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.

In view of the foregoing the Court finds that the Appeal lacks merit and is dismissed with costs to the respondents. It is ordered accordingly.
p. 13Disposition
upon the lawful compulsory acquisition of land by the National Land Commission and payment of compensation in accordance with the Land Act, 2012 the 2nd defendant's proprietor's rights and interests in the compulsorily acquired land extinguished.
p. 9Effect of compulsory acquisition on proprietor's rights
the Appellant's continued occupation of the suit land created a periodic lease hence not conferring a registrable interest in land to Appellant pursuant to section 58 of the Land Act,2012.
p. 11Periodic lease not a registrable interest
where there is a clear procedure for the redress of any particular grievance prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed.
p. 12Exhaustion of statutory procedure (Karume principle)
the eviction and demolition notice dated 2nd April 2024 was lawful, reasonable and procedurally justified
p. 11Validity of eviction notice
It is the duty of this court to reassess, reevaluate and analyse the entire evidence on record to a arrive at a just determination of the appeal.
p. 7Duty of first appellate court

Issues in the judgment

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minor

The judgment is dated 31st July 2026 and refers to events in 2026, while the notice of appeal is dated 20th February 2026 following a judgment of 27th January 2026; the chronology is internally consistent but future-dated relative to ordinary court record-keeping

minor

The Memorandum of Appeal attacks the trial court's finding on acreage (0.5371 hectares unacquired) but the trial court judgment as quoted in the appeal grounds speaks of acquisition of the whole parcel; the court's reasoning cites the Senate valuation figure of Kshs 7,717,313,430.0 as the 'pecuniary value of the suit property' while also citing a monthly payment of Kshs 50,000,000 to the Commission, figures that are not fully reconciled on the record

minor

Slight inconsistency between parties' names: the judgment variously describes the 2nd Defendant as 'Trustees of Kenya Railway Coop. Staff Retirement Benefit Scheme' and 'the Registered Trustees of Christ's Co-workers Fellowship & Railways' in the lease context

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, "Registered Trustees of Christs Co-Workers Fellowship v Kenya National Highways Authority & another (Environment and Land Appeal E028 of 2026) [2026] KEELC 5241 (KLR)", Case Analysis (2026). Environment and Land Court Appeal from Nairobi Chief Magistrate's Court ELC Case No. E179 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5241/eng@2026-07-31

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