Republic v National Land Commission & another; Khodiyar Limited (Exparte) (Environment and Land Judicial Review Case E009 of 2023) [2025] KEELC 4027 (KLR) (26 May 2025) (Judgment)

Summary at a glance

Facts

The ex parte Applicant seeks orders compelling the 1st and 2nd Respondents to pay compensation and interest for land acquired and awarded to the Applicant, seven years after the awards were made.

Issues

• Whether the ex parte Applicant is entitled to orders of mandamus
• Whether the delay in compensation payment is due to the failure of the 2nd Respondent to provide the required funds

Reasoning

The Court found that the ex parte Applicant is entitled to orders of mandamus due to the failure of the 1st and 2nd Respondents to pay compensation and interest for the land acquired and awarded to the Applicant, despite the issuance of award letters.

Outcome

The ex parte Applicant is granted orders of mandamus.

Orders

• An order of mandamus to compel the 1st and 2nd Respondents to pay the ex parte Applicant the principal amounts awarded for the acquisition of land and developments.
• An order of mandamus to compel the 1st and 2nd Respondents to pay the ex parte Applicant the interests on the principal amounts awarded at court's rate and interest rate pursuant to Section 117 of the Land Act 2012 as from 26th January 2018.

Remedies

• Compensation and interest for the land acquired and awarded to the Applicant

Authorities cited