Mbebe v National Land Commission & another (Tribunal Case E029 of 2024) [2024] KELAT 1213 (KLR) (2 August 2024) (Judgment)

Summary at a glance

Facts

The National Land Commission issued an award of compensation for the suit property, but the claimant has not received the payment. The claimant and the commission disagree on the amount of compensation.

Issues

• Whether the claimant is entitled to a compensatory award of Kshs. 1,533,637/-
• Whether the claimant is entitled to interest at 13.00% from 21st June 2018 until payment in full
• Whether the claimant is entitled to loss of income and general damages

Reasoning

The tribunal was properly constituted, and the claimant's primary case failed due to the delay in payment. The commission was ordered to pay the compensation within 21 days and to pay interest from 2nd March 2021.

Outcome

The claimant is awarded compensation of Kshs. 999,120/- and interest from 2nd March 2021.

Orders

• The claimant is entitled to compensation of Kshs. 999,120/-
• The claimant is entitled to interest at court rates from 2nd March 2021 until payment in full

Remedies

• Compensation of Kshs. 999,120/-
• Interest at court rates from 2nd March 2021 until payment in full

Authorities cited