Mwavumbo Group Ranch v National Land Commission & 3 others [2019] KECA 842 (KLR)
- Court
- Court of Appeal
- Case number
- 842
- Citation
- [2019] KECA 842 (KLR)
- Decided
- 7 March 2019
The appeal is dismissed with orders that each party bears its own costs, as the respondents did not file any response to the appellant’s submissions nor did they attend Court for hearing.
Facts
The Government of Kenya planned to construct a Standard Gauge Railway (SGR) between Mombasa and Nairobi, requiring the acquisition of land along the railway path. The National Land Commission (NLC) initiated the compulsory acquisition process, but the Mwavumbo Group Ranch (appellant) was not compensated for the land it claimed to own.
Issues
- Compensation for land acquired by the National Land Commission
- Jurisdiction of the Environment and Land Court (ELC) to hear the petition
Reasoning
The court held that the issues raised were not constitutional and that the ELC had no original jurisdiction to hear the matter. The court also noted that the respondents did not file any response to the appellant's submissions.
Outcome
Appeal dismissed
Orders
- Each party bears its own costs
Authorities cited
Legislation (2)
- Land Act 2012
- Constitution of Kenya 2010
Cases cited (5)
- Methodist Church in Kenya Trustees Registered & Another v Jeremiah Muku & Another, CA APP. No 203 of 2008
- Gabriel Mutava & 2 others v. The Managing Director Kenya Ports Authority & Another, Court of Appeal at Malindi, Civil Appeal no 67 of 2015
- Samson Cheme Vuko v Nelson Kilumo & 2 others [2016] eKLR
- Harrikssoon v Attorney General of Trinidad & Tobago (1980) AC 265
- Trinidad Re Application by Bahadur [1986] LRC (Const.) 297
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