Peter Andera Masakhalia v County Government of Kakamega [2019] KEELC 2549 (KLR)
- Court
- Environment & Land Court
- Case number
- 2549
- Citation
- [2019] KEELC 2549 (KLR)
- Decided
- 4 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCompulsory AcquisitionPostureAppeal from the original trial
Holding
The court found that the defendant's actions were illegal and unlawful, and ordered compensation for the loss of 0.275 hectares of the plaintiff's land and special damages of Ksh. 1,688,089.80.
Facts
The plaintiff, Peter Andera Masakhalia, claimed that the County Government of Kakamega trespassed onto his land, cut down trees, and damaged his food crops on March 24, 2016. The defendant, the County Government, constructed a public road on the plaintiff's land, occupying 0.275 hectares.
Issues
- Compulsory acquisition of private property
- Just compensation for the plaintiff
Reasoning
The court held that the defendant did not follow the proper procedure for compulsory acquisition and that the plaintiff's evidence of damage was not challenged.
Outcome
Appeal dismissed
Orders
- Declaration of illegal encroachment
- Compensation for 0.275 hectares
- Special damages of Ksh. 1,688,089.80
- Costs and interest of the suit
Remedies
- Compensation for loss of land
- Compensation for special damages
- Costs of the suit
Authorities cited
Legislation (2)
- Article 40 of the Constitution
- Land Acquisition Act (now repealed)
Cases cited (3)
- Virendra Ramji Gudka & 3 Others v Attorney General (2014) eKLR
- Coastal Aquaculture Ltd Civil Appeal No. 252 of 1996 KLR (E&L 264)
- Arnacherry Limited v Attorney General (2014) eKLR
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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