Owino & 6 others (Suing for Themselves and on Behalf of the Entire Community of Karateng that are Affected by the Unlawful Act of the Defendant in Terms of Encroachment on Private Lands and Blocking of Lela-Aboge, Lela Holo, Lela Sunga and Lela Eluhobe Roads) v Kenya Railways Corporation; Kenya Rural Roads Authority (Interested Party) (Land Case E030 of 2023) [2024] KEELC 3797 (KLR) (9 May 2024) (Ruling)

Summary at a glance

Facts

The Plaintiffs are members of the Karateng community who claim that the Defendant, Kenya Railways Corporation, has unlawfully encroached on their private lands and blocked roads.

Issues

• Whether the Plaintiffs have standing to bring the action
• Whether the Defendant's actions constitute unlawful encroachment on private lands and blocking of roads

Reasoning

The court found that the Plaintiffs have a legitimate interest in the land and that the Defendant's actions have caused harm to the Plaintiffs.

Outcome

The Plaintiffs' claims are upheld.

Orders

• The Defendant is ordered to cease unlawful encroachment on the Plaintiffs' private lands and remove any obstructions from the roads

Remedies

• Removal of encroachment and restoration of the roads

Authorities cited