Kiema & another v National Land Commission & 2 others (Tribunal Case E026 of 2024) [2025] KELAT 169 (KLR) (8 May 2025) (Judgment)
- Court
- KELAT
- Case number
- 169
- Citation
- [2025] KELAT 169 (KLR)
- Decided
- 8 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand AcquisitionPostureAppeal from a previous decisionCoramN. Sifuna, Scott L., Sewe
Holding
The Tribunal finds the acquisition was ultra vires and violates the Petitioners' constitutional rights.
Facts
The 1st Petitioners claim they are the lawful owners of the suit property, which was unlawfully taken by the Respondents for a public road project. The Petitioners received compensation awards but allege these were unjust and undervalued.
Issues
- Compulsory acquisition under the Land Act, 2012
- Just and fair compensation
- Procedural fairness in acquisition process
Reasoning
The Tribunal ruled that the acquisition was not in accordance with the Constitution and statutory law, and the compensation was undervalued.
Outcome
Affirmed
Orders
- Declaration of the acquisition as ultra vires
Remedies
- Declaration of the acquisition as ultra vires
- Special damages under Article 23(3)(e)
Authorities cited
Legislation (2)
- Land Act, 2012
- Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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