Nderi (Deceased) & 4 others (On Their Own Behalf and on Behalf of 32 Members of the Family of the Late Senior Chief Nderi Wang'ombe) v Services & another (Civil Appeal 21 of 2019) [2025] KECA 962 (KLR) (11 April 2025) (Judgment)

Facts

Senior Chief Nderi Wang’ombe donated 8.3 acres of land to the Government for the expansion of the Nyeri Provincial General Hospital in 1955. In 1959, the Government took the remaining 9 acres of the land for further expansion without consultation or permission from the Nderi Family. The Nderi Family sought a declaration of the violation of their constitutional rights and compensation for the land.

Issues

1. Whether the alienation of part of the land reference Aguthi/Gatitu/582 is a violation of the appellants' constitutional rights to property.
2. Whether the appellants are entitled to compensation for the unconstitutional deprivation of their property.
3. Whether the Government is obligated to offer compensation for the 9 acres taken by the Government and now part of the land held by the Nyeri Provincial Hospital.

Reasoning

The court found that the land was registered under the Native Lands Trust Ordinance and the only registration of the suit land availed to court was in the name of the Chief Secretary (Incorporation), for public use. The Government did not compulsorily acquire the land from the late Chief, and there was no evidence in support of ownership of the suit property by Chief Nderi.

Outcome

Appeal dismissed

Authorities cited