Springdew Properties Limited v National Land Commission & another [2020] KEELC 197 (KLR)
- Court
- Environment & Land Court
- Case number
- 197
- Citation
- [2020] KEELC 197 (KLR)
The Petitioner's rights to Fair Administrative Action were violated, and the gazette notice is null and void.
Facts
Petitioner initially acquired a property through purchase in 2007. In 2008/2009, the property was acquired for the construction of the Thika Super Highway. The Petitioner was compensated in 2009, but the property was not used for the highway. In 2015, the Petitioner was advised to refund the compensation, which was done. In 2017, the property was gazetted for re-acquisition, and the Petitioner sought compensation and an injunction.
Issues
- Petitioner's rights under Articles 40(3) and 47(1) of the Constitution of Kenya 2010 have been violated.
- Gazette Notice No. 7521 published on 4th August 2017 is null and void.
- Petitioner is entitled to compensation and an injunction against the Respondents.
Reasoning
The Petitioner was not given a chance to be heard before the gazette notice was made, violating the doctrine of Natural Justice.
Outcome
Petition allowed, Petitioner awarded compensation and injunction.
Orders
- 1st Respondent to comply immediately with the orders sought in prayer no. III above.
- Petitioner to be paid compensation and an injunction against the Respondents.
Remedies
- Compensation and injunction against the Respondents.
Authorities cited
Legislation (3)
- Land Acquisition Act (Cap 295 laws of Kenya)
- National Land Commission Act
- Constitution of Kenya 2010
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