Wasike & 11 others (Suing as Members of the Matisi Centre Self-help Group) v Ministry of Interior and Co-ordination & another (Environment and Land Petition 2 of 2020) [2025] KEELC 5552 (KLR) (23 July 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5552
- Citation
- [2025] KEELC 5552 (KLR)
- Decided
- 23 July 2025
Summary at a glance
TypeConstitutional PetitionPostureAppeal from the original trialCoramCK NZILI
The petitioners are entitled to compensation for their land and the respondents are ordered to initiate the process of compensating the petitioners in exchange of transfer documents.
Facts
The petitioners are members of the Matisi Centre Self-help Group, which owns land parcel No. Kiminini/Kinyoro Block 3/Matisi/561. The Ministry of Interior and Co-ordination erected a police post on the land without the petitioners' consent, leading to a dispute.
Issues
- Declaration of violation of rights to property and fair administrative action
- Declaration of illegal occupation of land
- Damages for breach of human dignity and property rights
- Eviction of respondents from the land
- Compensation for the land
Reasoning
The court found that the respondents are vicariously liable for the violation of the petitioners' rights and that adverse possession has not been proved. The court ordered the respondents to initiate the process of compensating the petitioners.
Outcome
Petition granted
Orders
- Respondents to initiate the process of compensating the petitioners in exchange of transfer documents
Remedies
- Compensation for the land
Authorities cited
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