Republic v National Land Commission; Ex-parte Applicant :Hannah Wanjiru Mburu; Simon Muhu Mararo & 3 others (Interested Parties) [2021] KEELC 4662 (KLR)
- Court
- Environment & Land Court
- Case number
- 4662
- Citation
- [2021] KEELC 4662 (KLR)
- Decided
- 19 January 2021
Summary at a glance
TypeJudicial ReviewPostureRespondent's Motion for Prohibition and Quashing of Compulsory AcquisitionCoramB M Ebose
Only a prohibition order limited to preserving the compensation money is granted
Facts
The ex-parte applicant sought to challenge a compulsory land acquisition by the National Land Commission, claiming the respondent failed to provide an irrevocable assurance and the sub-division was not finalized.
Issues
- Prohibition of payment of compensation money
- Quashing of compulsory acquisition exercise
- Blanket prohibition order
Reasoning
The court found the respondent's failure to respond was not a valid reason to halt the entire exercise, and the framework in Section 115 of the Land Act provides an appropriate remedy for preserving compensation money while allowing the compulsory acquisition to proceed.
Outcome
The ex-parte applicant's notice of motion is partially successful, with a prohibition order issued and costs awarded to the respondent.
Orders
- An order of prohibition is hereby issued prohibiting the National Land Commission against releasing compensation money relating to the portion of land compulsorily acquired out of Land Parcel Number Ndeiya/Ndeiya/506 pending the disposal of Nairobi Environment and Land Case Number 3 of 2010 (or as currently designated), involving the ex-parte applicant and the interested parties herein.
Remedies
- Preservation of compensation money
Authorities cited
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