Prigal Limited & another v Kenya Electricity Transmission Co. Ltd (Constitutional Petition 4 of 2021) [2023] KEELC 18044 (KLR) (20 June 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18044
- Citation
- [2023] KEELC 18044 (KLR)
- Decided
- 20 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureStruck outCoramA. O. OMBWAYO
Holding
The court finds that the respondent’s preliminary objection succeeds and the petition is hereby struck out. The petitioners are at liberty to le an ordinary suit if need be.
Facts
Prigal Limited and Michael Mwangi Muturi filed a petition against Kenya Electricity Transmission Co. Ltd, alleging that the respondent's actions of taking possession of their properties and constructing transmission lines without compensating them violated their rights under the constitution.
Issues
- Whether the court has the jurisdiction to determine the present petition.
- Whether the petitioners are entitled to the orders sought in their petition.
Reasoning
The court held that the dispute was not a constitutional one but a matter of compensation, which could be resolved through statutory options.
Outcome
Struck out
Orders
- The petition is hereby struck out.
- The petitioners are at liberty to le an ordinary suit if need be.
Authorities cited
Cases cited (2)
- Land Act, 2012
- Land (Assessment of Just Compensation) Rules 2017
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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