Mwadzaya v County Government of Kilifi & another (Civil Appeal 46 of 2019) [2025] KECA 869 (KLR) (23 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 869
- Citation
- [2025] KECA 869 (KLR)
- Decided
- 23 May 2025
The Court held that the respondents had the legal authority to issue the notice of demolition, as the appellant had not obtained written approval to construct the buildings and had encroached into a road reserve.
Facts
The appellant, Rassul N. Mwadzaya, claimed that he was the registered allottee of a parcel of land known as Plot No. 8 in Mariakani Town, which he purchased in 1994 and issued with an allotment letter. The respondents, County Government of Kilifi and the Secretary, County Government of Kilifi, issued a 14-day notice of demolition of the suit property, alleging encroachment into a road reserve. The appellant contested the notice, stating he had been in occupation since 1994 and had not encroached into any road reserve.
Issues
- Whether the respondents had the legal authority to issue a notice of demolition
- Whether the appellant had the necessary approvals to construct the buildings on the suit property
Reasoning
The Court found that the appellant had not obtained written approval to construct the buildings and had encroached into a road reserve, thus the respondents had the legal authority to issue the notice of demolition.
Outcome
Appeal dismissed
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