Kenya Anti-Corruption Commission v Ken Deep Construction Limited & another [2019] KEELC 2124 (KLR)
- Court
- Environment & Land Court
- Case number
- 2124
- Citation
- [2019] KEELC 2124 (KLR)
- Decided
- 26 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from the original trialCoramMadan, Odunga, Ongudi, S.M. KIBUN, S.M. KIBUN, WILSON GACAN
Holding
The lease and registration are declared null and void, and the land register is to be rectified.
Facts
Kisumu Municipality/Block 7/455 was part of a railway reserve vested in Kenya Railways Corporation, but was leased to Ken Deep Construction Limited.
Issues
- Voidness of lease and registration
- Rectification of land register
- Permanent injunction against dealing with the land
- General damages for fraud
Reasoning
The court found the lease and registration to be invalid due to the land's original status as a railway reserve.
Outcome
Affirmed
Orders
- Declaration of nullity for lease and registration
- Rectification of land register
Remedies
- General damages for fraud
- Permanent injunction
Authorities cited
Legislation (1)
- L.N. No. 24 of 1986
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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