Odhiambo v Kenya Railways Corporation & 2 others (Environment and Land Case Civil Suit 438 of 2018) [2024] KEELC 7061 (KLR) (28 October 2024) (Judgment)

Facts

The plaintiff Mary Odhiambo owned a portion of land measuring 0.7145 hectares. The defendant Kenya Railways Corporation acquired the upper portion of the land, leaving the plaintiff with an inaccessible lower portion. The plaintiff sought compensation for the unacquired portion.

Issues

1. Whether the unacquired portion of the suit property was compulsorily acquired by the 1st defendant and the plaintiff was not compensated
2. What was the extent of occupation by the 1st defendant of the suit property
3. Whether the plaintiff is entitled to the orders sought

Reasoning

The court found that the plaintiff was not compensated for the unacquired portion of the land and that the plaintiff is entitled to the orders sought. The court also noted that the plaintiff has no access to the portion of land that was not acquired by the defendant.

Outcome

The plaintiff is entitled to compensation for the unacquired portion of the suit property and the orders sought.

Authorities cited