Sato Nyumbaz Limited v National Land Commission (Tribunal Case E012 of 2024) [2024] KELAT 670 (KLR) (16 May 2024) (Judgment)
- Court
- KELAT
- Case number
- 670
- Citation
- [2024] KELAT 670 (KLR)
- Decided
- 16 May 2024
Summary at a glance
TypeLand AcquisitionPostureAppeal from a decision of the Land Acquisition TribunalCoramMajanja, Mwita, Nyarangi
The Tribunal finds that the Complainant's rights under Article 40(3) of the Constitution and Sections 111, 122, and 123 of the Land Act have been contravened by the government and the Respondent. The Tribunal orders the Respondent to pay the Complainant compensation and interest.
Facts
The Complainant, Sato Nyumbaz Limited, claimed that the government was occupying extra land (0.459 hectares) beyond the 1.6 hectares acquired for the Commuter Rail System. The Respondent, National Land Commission, contested the Tribunal's jurisdiction and the validity of the acquisition.
Issues
- Whether the government is occupying extra land
- Whether a new notice of intention to acquire should be issued
- Whether the acquisition violated the Complainant's fundamental rights
- Whether the Complainant should be compensated under the old title
- Who should bear the costs
Reasoning
The Tribunal determined that the acquisition of the extra land was unauthorized and violated the Complainant's rights under the Constitution and the Land Act.
Outcome
Appeal upheld
Orders
- A declaration that the Complainant's rights have been contravened
- A mandatory injunction for compensation and interest
- Costs of the suit
Remedies
- Compensation for loss of land and income
- Interest on awarded sums
- Costs of the suit
Authorities cited
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