Ngugi Mbugua v Chairman, National Land Commission & 3 others [2021] KEELC 1811 (KLR)
- Court
- Environment & Land Court
- Case number
- 1811
- Citation
- [2021] KEELC 1811 (KLR)
- Decided
- 30 September 2021
The Court finds that the Petitioner's right under Article 35 was violated by the 1st Respondent. The award of compensation is set aside, and a fresh valuation is ordered within 60 days.
Facts
Ngugi Mbugua founded the Sigona Residents Association in 2006. In 2017, the National Land Commission published a notice for the acquisition of his land for the Nairobi-Nakuru Highway expansion. Mbugua claimed his rights under Articles 42, 35, 46, and 70 of the Constitution were violated due to lack of compensation.
Issues
- Violation of Article 35 rights
- Compensation for loss of mini forest and family shrine
Reasoning
The Court held that the Petitioner's rights under Article 35 were violated due to the 1st Respondent's failure to provide just compensation. The Court also noted that the Petitioner's rights under Articles 42, 46, and 70 were not violated.
Outcome
Partially merited
Orders
- Declare violation of Article 35 rights
- Set aside compensation award
- Order fresh valuation within 60 days
- Order 1st Respondent to pay costs
Remedies
- Compensation for loss of mini forest and family shrine
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Societies Act
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