Kenyan case law
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NV Lunar Park Limited v National Land Commission (Appeal E002 of 2025) [2025] KELAT 177 (KLR) (31 July 2025) (Judgment)
✦ The appeal shall be evaluated on its own merits. The valuation report was not signed and dated, raising questions about its integrity and reliability.
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Muchai v National Land Commission (Tribunal Case E055 of 2025) [2025] KELAT 175 (KLR) (24 July 2025) (Judgment)
✦ The application is not defective and the respondent's failure to pay the compensation violates the applicant's right to property.
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Esmail v Abdeel Enterprises Limited & 3 others (Tribunal Case E016 of 2025) [2025] KELAT 173 (KLR) (21 July 2025) (Ruling)
✦ The Claimant's suit is hereby struck out.
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Githara & another v Mungai & 2 others (Tribunal Appeal E039 of 2024) [2025] KELAT 180 (KLR) (21 July 2025) (Judgment)
✦ The entire suit is hereby dismissed with no orders as to costs.
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Palker Enterprises Limited v National Land Commission & another (Tribunal Appeal E012 of 2024) [2025] KELAT 174 (KLR) (30 June 2025) (Judgment)
✦ The Tribunal finds that the 1st Respondent failed to ensure proper geo-referencing of the land, leading to a discrepancy in the size of land acquired.
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Rachuonyo Enterprises Limited v National Land Commission & another (Tribunal Appeal E045 of 2024) [2025] KELAT 172 (KLR) (23 June 2025) (Ruling)
✦ The tribunal has no jurisdiction to entertain the Complaint and the same is hereby struck out.
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Registered Trustees Jamie Masjid Ahle Sunait Wal Jamait v Nairobi City County Government & another (Tribunal Case E008 of 2025) [2025] KELAT 170 (KLR) (22 May 2025) (Judgment)
✦ The compulsory acquisition over the suit property was not completed as the 1st Respondent did not have the authority to request the compulsory acquisition.
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Panga v National Land Commission & another; County Government of Mombasa & another (Interested Parties) (Tribunal Case E050 of 2024) [2025] KELAT 171 (KLR) (14 May 2025) (Judgment)
✦ The suit property could not be compulsorily acquired as it was originally acquired in 1976 through the Commissioner of Lands for industrial area, medium and low cost housing, and site and service scheme.
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Kiema & another v National Land Commission & 2 others (Tribunal Case E026 of 2024) [2025] KELAT 169 (KLR) (8 May 2025) (Judgment)
✦ The Tribunal finds the acquisition was ultra vires and violates the Petitioners' constitutional rights.
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Sergoit Polo Club v Tambach/Moiben TTC & 4 others (Tribunal Case E060 of 2024) [2025] KELAT 167 (KLR) (5 May 2025) (Ruling)
✦ The Plainti lacks legal capacity to sue and the suit is time-barred.
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Dembena International Limited v National Land Commission & another (Tribunal Case E059 of 2024) [2025] KELAT 168 (KLR) (28 April 2025) (Judgment)
✦ The Court found the suit to be res judicata and dismissed the complaint.
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Mwiu v County Government of Kilifi & another (Tribunal Appeal E009 of 2024) [2025] KELAT 165 (KLR) (24 April 2025) (Judgment)
✦ The Tribunal has jurisdiction to hear and determine the appeal as it derives its mandate from Section 133C of the Land Act.
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Chunky Limited v Coast Water Workers Development Agency & 3 others (Tribunal Case E037 of 2024) [2025] KELAT 166 (KLR) (14 April 2025) (Judgment)
✦ The Petitioner's case fails and is dismissed with costs.
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Patel v Coast Water Works Development Agency & 3 others (Tribunal Case E036 of 2024) [2025] KELAT 164 (KLR) (14 April 2025) (Judgment)
✦ The Petitioner's claim is dismissed as he had no proprietary interests at the time the impugned project was undertaken on the suit property and therefore lacks standing to impugn the alleged creation of a wayleave on the suit property before it was transferred to him.
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Okeyo & 26 others v National Land Commission & another (Tribunal Case E052 of 2024) [2025] KELAT 163 (KLR) (10 April 2025) (Judgment)
✦ The applicants are entitled to immediate payment of compensation for the compulsory acquisition of their properties
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Njoroge v National Land Commission & another (Tribunal Case E051 of 2024) [2025] KELAT 162 (KLR) (7 April 2025) (Judgment)
✦ The court finds the 1st Respondent did not have jurisdiction to issue the notices for compulsory acquisition and that the 1st Respondent did not follow due process in the acquisition of the suit property.
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Manjewa Station Limited v Kenya Railways Limited & another (Land Acquisition Case E048 of 2024) [2025] KELAT 159 (KLR) (27 March 2025) (Judgment)
✦ The suit is devoid of merit and the Complainant's attempt at unjust enrichment is dismissed with costs to the Respondents.
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Utumishi Investment Limited v National Land Commission & 2 others (Tribunal Case E043 of 2024) [2025] KELAT 161 (KLR) (25 March 2025) (Judgment)
✦ Petitioner's rights under Article 40(3) and 47(1) of the Constitution of Kenya, 2010 have been infringed by the 1st Respondent; Respondents to reconcile accounts and pay compensation.
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Mbugua v National Land Commission & another (Complaint E051 of 2024) [2025] KELAT 160 (KLR) (24 March 2025) (Judgment)
✦ The Plainti’s case is merited and the suit is allowed
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Kithae v Tana Water Works Development Agency & another (Tribunal Case E042 of 2024) [2025] KELAT 158 (KLR) (10 March 2025) (Ruling)
✦ The suit is reinstated and the Complainant's submissions are deemed to be duly filed. The 1st Respondent is awarded costs of the application.
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Njuguna v National Land Commission & 2 others (Land Acquisition Case E027 of 2024) [2025] KELAT 157 (KLR) (27 February 2025) (Judgment)
✦ The Petition is largely unmerited but succeeds on a limited aspect regarding the determination of interests in regard to the improvements on the suit property and payment thereof
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Mwendandu alias Antony Mutisya Mwendandu v National Land Commission (Tribunal Case E011 of 2024) [2025] KELAT 129 (KLR) (20 February 2025) (Judgment)
✦ The Appellant's initial award of Kshs. 92,933,322 is upheld, and the further revision to Kshs. 37,425,383 is found to be arbitrary and a violation of Article 47(1) of the Constitution of Kenya 2010.
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Kariku & another (Suing as Administrators of the Estate of Geoffrey Kariku Kimani) v Kenya National Highways Authority (KENHA) & 3 others (Tribunal Case E058 of 2024) [2025] KELAT 120 (KLR) (13 February 2025) (Ruling)
✦ The Tribunal has jurisdiction to determine the matter and the Petition is not time-barred.
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Mandev Limited v Kenya National Highways Authority & another (Land Acquisition Case E023 of 2024) [2025] KELAT 117 (KLR) (10 February 2025) (Judgment)
✦ The tribunal lacks jurisdiction to determine the validity of the Complainant's title or to adjudicate on boundary matters. The tribunal's jurisdiction is limited to determining if a portion of the suit property that was acquired for the Nairobi Expressway project belongs to the Complainant.
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Carlisle Development Company v National Land Commission (Land Acquisition Petition E044 of 2024) [2025] KELAT 75 (KLR) (7 February 2025) (Judgment)
✦ The Tribunal finds the complaint merited and orders the Respondent to pay compensation, interest, and general damages.