Kenya Electricity Transmission Company Limited (KETRACO) v Valeria Helen Wangechi Kigano & 3 others [2019] KEELC 2146 (KLR)
- Court
- Environment & Land Court
- Case number
- 2146
- Citation
- [2019] KEELC 2146 (KLR)
- Decided
- 31 July 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEasementPostureAppeal from a previous decisionCoramHON. LUCY. N. MBUGUA, C/A: Ndonye, Ojiambo, Owang
Holding
The court grants an easement to KETRACO over the suit land, allowing them to use 2.0097 acres for their work. KETRACO is also required to compensate the defendants with Ksh.10,400,000.
Facts
KETRACO is constructing a 132KV power transmission line that would traverse the suit land, which is owned by the defendants. KETRACO claims easement rights over the land, offering compensation of Ksh.10,400,000.
Issues
- Whether to grant an easement to KETRACO over the suit land
- Whether the compensation offered by KETRACO is adequate
Reasoning
The court found that the defendants' right to own land is subject to public interest and public purposes, as stated in Article 40(3)(b) of the Constitution. The court also cited previous cases to support its decision.
Outcome
In favor of KETRACO
Orders
- Easement granted to KETRACO over 2.0097 acres of the suit land
- Compensation of Ksh.10,400,000 to be paid by KETRACO to the defendants
Remedies
- Compensation of Ksh.10,400,000
Authorities cited
Legislation (2)
- Article 40(3)(b) of the Constitution
- Section 149 of the Land Act
Cases cited (1)
- KETRACO vs. James Kinoti M’Twerandu Meru ELC NO. 40 of 2016
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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