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ELCDismissedELC Land Appeal No. E048 of 2024

Kenya Urban Roads Authority v Muambi Properties Ltd & another; Katheka Kai Farmers' Co-operative Society Limited (Interested Party)

Environment and Land Court of Kenya
22 September 2026
3,753 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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KURA must pay Kshs. 52.6 million compensation for building a road on private land without paying the landowner first.

What this practically means

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Executive summary

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The Environment and Land Court at Machakos (A. Y. Koross, J) dismissed an appeal by Kenya Urban Roads Authority against a Land Acquisition Tribunal decision awarding Muambi Properties Ltd Kshs. 52,632,888 plus interest and general damages of Kshs. 1,000,000. The 1st respondent's land, L.R. No. 7374/3 near Konza, was compulsorily acquired in 2018 for the Kathekakai–Machakos Road; an award was issued and accepted but never paid because KURA said it exceeded the project budget, leading NLC to revoke the acquisition under Section 123 of the Land Act in October 2020. In June 2021 NLC gazetted a right of way over the same portion without following statutory procedure, and KURA entered and built the road without compensation. The Tribunal awarded compensation pegged to the NLC's own statutory assessment. On appeal, the court held that under Section 133D of the Land Act its jurisdiction was confined to questions of law; grounds (a) and (e) were questions of fact and ground (b) was abandoned. On the sole surviving issue, the court found the appellant had failed to displace the NLC assessment with a valuation report anchored in legally established criteria, so LAT did not err in relying on the award. The appeal was dismissed with each party bearing its own costs, and KURA was directed to deposit the decretal sum within 90 days into a special compensation account held by NLC.

Questions the Court framed

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

  1. 1.What grounds of appeal raise matters of fact
  2. 2.Whether LAT failed to apply the appropriate principles in its assessment of compensation

Key legal issues

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01

Scope of first appeal from the Land Acquisition Tribunal

Holding

The court's jurisdiction is confined to matters of law; grounds (a) and (e) of the appeal were questions of fact and not tenable.

Reasoning

Section 133D of the Land Act confines appeals from the Tribunal to questions of law. The court, guided by Kenya Breweries Ltd v Odoyo and the principle in Watt v Thomas, separated fact from law and declined to entertain grounds (a) and (e), which concerned factual findings, including whether the 1st respondent proved its case on a balance of probabilities.

p. 9
02

Whether LAT erred in assessing compensation based on the NLC award

Holding

LAT did not err; the award of Kshs. 52,632,888 was properly founded on the statutory criteria and the appellant produced no contrary valuation.

Reasoning

The initial compulsory acquisition complied with the Land Act; the award was accepted but never paid because the appellant said it exceeded budget. After withdrawal under Section 123, the appellant entered the land and built the road without compensation. The NLC's assessment followed Section 107B and the Land (Assessment of Just Compensation) Rules, and the appellant offered no compliant valuation to displace it.

p. 20
03

Constitutional requirement of prompt payment of just compensation

Holding

Compulsory acquisition must be attended by prompt payment in full of just compensation under Article 40(3) and Section 111 of the Land Act.

Reasoning

The court reinforced the doctrine of eminent domain and Article 40(3), citing Attorney General v Zinj Limited. In the initial acquisition the award was accepted but no payment was made, contrary to Section 115 of the Land Act; the appellant's later unilateral entry and construction without compensation grounded the compensation claim before LAT.

p. 17

Legal principles established

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  • An acquiring body that fails to pay an accepted compensation award and later enters the land cannot escape liability; it must displace the NLC's assessment with its own valuation anchored in legally established criteria.
  • Under Section 133D of the Land Act, an appeal from the Land Acquisition Tribunal lies on questions of law only.

Court orders

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  1. 1.Appeal dismissed with each party bearing their respective costs of the appeal
  2. 2.Appellant directed to deposit the decretal sum within 90 days into a special compensation account to be held by the 2nd respondent in accordance with the law

The bench

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

majority

Wrote the judgment

On appeal from
Land Acquisition Tribunal at Nairobi
Tribunal Case No. LAP 028 of 2024 (Muambi Properties vs. Kenya Urban Roads Authority and National Land Commission)
Jurisdiction invoked
Section 133D of the Land Act (first appeal from the Land Acquisition Tribunal on matters of law only)

Relief refused

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Appellant's prayer to set aside the LAT judgment and compensation award

Appeal lacked merit; LAT did not err in relying on the NLC award since the appellant failed to displace it with a valuation report based on legally established criteria

p. 20

Costs

Each party bearing their respective costs of the appeal

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.

Ultimately, this court finds the appeal lacks merit and dismisses it, with each party bearing their respective costs of the appeal.
p. 20Disposition - appeal dismissed
Since the suit land is the subject of disputes before this court, the appellant is directed to deposit the decretal sum within 90 days hereof into a special compensation account to be held by the 2nd respondent in accordance with the law.
p. 20Final orders - deposit of decretal sum
Accordingly, the court finds that LAT did not err in relying on the 2nd respondent’s award in the assessment of compensation. Its decision is hereby upheld.
p. 20Upholding LAT's compensation assessment
Under the legal framework of Section 133D of the Land Act, the jurisdiction of this court, as a first appellate court, is confined to matters of law, as provided in the statute.
p. 9Jurisdiction limited to questions of law

Issues in the judgment

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minor

Judgment describes itself as a first appeal but relies on second-appeal authority

minor

1st respondent's submissions dated 30 January 2026, after the memorandum of appeal of October 2024; date appears anomalous

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, "Kenya Urban Roads Authority v Muambi Properties Ltd & another; Katheka Kai Farmers' Co-operative Society Limited (Interested Party)", Case Analysis (2026). ELC Land Appeal No. E048 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5557/eng@2026-09-22

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