Kenyan case law
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Anyuor & 7 others v Chief Executive Officer, National Irrigation Authority & 2 others (Tribunal Case E102, E10, E104, E105, E106, E107, E108 & E109 of 2025 (Consolidated)) [2025] KELAT 195 (KLR) (8 December 2025) (Judgment)
✦ The Land Acquisition Tribunal has jurisdiction to entertain the applications for judicial review.
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Mulu & 55 others v National Land Commission & 2 others (Land Acquisition Petition E038 of 2024) [2025] KELAT 202 (KLR) (2 December 2025) (Judgment)
✦ The suit is without merit and is hereby dismissed.
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Lakeview Panorama Limited v Kenya Electricity Transmission Company Limited (Tribunal Case E094 of 2025) [2025] KELAT 197 (KLR) (20 November 2025) (Judgment)
✦ The Applicant is entitled to immediate payment of compensation as contained in the offer letter dated 9 December 2020 and accepted by the Applicant on 22 December 2020. The Respondent is ordered to pay the compensation amount within 45 days. The Applicant is awarded simple interest at the base lending rates set by the Central Bank of Kenya from 22 December 2020 until payment in full.
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Kenya Women Microfinance Bank Ltd v National Land Commission & 2 others (Land Acquisition Case E012 of 2025) [2025] KELAT 200 (KLR) (20 November 2025) (Ruling)
✦ The acquisition was valid as the applicant's charges were not discharged before the compulsory acquisition process.
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Mutua & another v Kenya National Highways Authority & 2 others (Land Acquisition Petition E096 of 2025) [2025] KELAT 201 (KLR) (17 November 2025) (Ruling)
✦ The Applicants have not advanced a reasonable reason for the delay in filing an appeal and the application is dismissed.
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Athi Water Works Development Agency v GN Wambaa Holding Limited & another (Tribunal Appeal E003 of 2025) [2025] KELAT 198 (KLR) (17 November 2025) (Ruling)
✦ The application is dismissed with costs to the 1st Respondent/Appellant.
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Mumu & 2 others v Kenya National Highways Authority & 2 others (Tribunal Appeal E097 of 2025) [2025] KELAT 199 (KLR) (12 November 2025) (Ruling)
✦ The Applicants' application for leave to appeal out of time is dismissed.
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Muthare & 30 others v National Land Commission (Tribunal Case E076 of 2025) [2025] KELAT 196 (KLR) (10 November 2025) (Judgment)
✦ The court directs the Respondent to conduct an inquiry and issue a written determination within 90 days.
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Elgeyo Agripark Saw Mills Limited (Previously known as Hekiro Limited) v County Government of Elgeyo Marakwet & another (Tribunal Case E069 of 2025) [2025] KELAT 192 (KLR) (6 November 2025) (Judgment)
✦ The court found that the compulsory acquisition process did not comply with the Constitution and the Land Act, and that the National Land Commission's failure to issue an award did not amount to a breach of the Complainant's Constitutional rights. The court also ruled that the Complainant is not entitled to damages.
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Mohamedali (Suing as the Administrator of the Estate of Hassanali Mohamedali Noorbhai) v National Land Commission (Tribunal Case E064 of 2025) [2025] KELAT 191 (KLR) (6 November 2025) (Judgment)
✦ The Petitioner is entitled to compensation for the compulsory acquisition of land. The Respondent must expedite the payment of compensation and must not withhold it due to disputes over title or ownership.
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Mungai v National Land Commission & another (Tribunal Case E004 of 2025) [2025] KELAT 188 (KLR) (27 October 2025) (Judgment)
✦ The Tribunal's award of Kshs. 16,248,555.00 is deemed adequate and reasonable compensation for the property acquired in 2021.
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White Feather Development Limited v National Land Commission (Tribunal Case E080 of 2025) [2025] KELAT 189 (KLR) (13 October 2025) (Judgment)
✦ The Respondent is not liable to pay interest on the compensation awarded as the law requires the Commission to pay interest only if the compensation is not paid. The Respondent is not under a duty to ensure funds for compensation before commencing an acquisition.
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Esmail v Cine Investment Limited & 2 others (Tribunal Case E101 of 2025) [2025] KELAT 194 (KLR) (8 October 2025) (Ruling)
✦ The Tribunal finds that the suit is similar to a previously struck out case and that the Tribunal should not venture into matters beyond its jurisdiction.
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Mung'ata v Kenya Electricity Transmission Company Limited (Tribunal Case E035 of 2024) [2025] KELAT 187 (KLR) (2 October 2025) (Ruling)
✦ The Plaintiff's application is dismissed. There shall be no orders as to costs.
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Ojwang v National Land Commission & another (Tribunal Case E075 of 2025) [2025] KELAT 186 (KLR) (1 October 2025) (Ruling)
✦ The suit is res judicata and dismissed with no orders as to costs
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Kigathi v Kenya National Highways Authority & 2 others (Tribunal Case E071 of 2025) [2025] KELAT 193 (KLR) (29 September 2025) (Judgment)
✦ We find the Petitioner's prayer for a fresh valuation untenable and deny it.
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Abdul Waheed Sheikh & another (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) v National Land Commission & 2 others (Tribunal Case E054 of 2024) [2025] KELAT 184 (KLR) (9 September 2025) (Judgment)
✦ The compulsory acquisition process was procedurally fair, and the claimants are entitled to compensation.
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Sheikh & another v National Land Commission & 2 others (Petition E053 of 2024) [2025] KELAT 185 (KLR) (9 September 2025) (Judgment)
✦ The court found that the acquisition process was procedurally fair and ordered the respondents to pay compensation and remove construction waste.
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Lepish v National Land Commission & another (Tribunal Appeal E062 of 2025) [2025] KELAT 190 (KLR) (9 September 2025) (Judgment)
✦ The suit against the 2nd Respondent (Kenya Railways Corporation) is dismissed in limine. The 1st Respondent (National Land Commission) is under an obligation to issue awards only in accordance with the law to ensure project affected persons receive just compensation and public coffers are safeguarded from plunder.
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Tudor Creek Limited v National Land Commission & 3 others (Petition E063 of 2025) [2025] KELAT 182 (KLR) (4 September 2025) (Judgment)
✦ The court declared that the 1st and 4th Respondents violated the Complainant's rights and ordered them to pay compensation and damages.
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Kariuki Enterprises Limited v Kenya National Highways Authority & another (Tribunal Case E074 of 2025) [2025] KELAT 183 (KLR) (3 September 2025) (Judgment)
✦ The Petitioner's claim is not time barred, and due process was not followed in the compulsory acquisition process.
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Pentagon Communications Limited v Kenya National Highways Authority & another (Petition E019 of 2025) [2025] KELAT 181 (KLR) (25 August 2025) (Judgment)
✦ The Land Acquisition Tribunal dismissed the Preliminary Objection and allowed the application for extension of time. The Tribunal also determined that the award of compensation in respect of the suit property is just compensation.
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Hassan v National Land Commission (Tribunal Appeal E068 of 2025) [2025] KELAT 179 (KLR) (4 August 2025) (Judgment)
✦ The Claimant is not entitled to the reliefs sought as the Respondent is under a duty to assess the claims presented and make a determination on the rightful payee of compensation within a reasonable period.
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G.N. Wambaa Holding Limited v National Land Commission & another (Tribunal Case E003 of 2024) [2025] KELAT 176 (KLR) (1 August 2025) (Judgment)
✦ The appeal is allowed, and the 1st Respondent's award is set aside. The Appellant is awarded Kshs. 24,725,000.00 as just compensation for the acquisition of 0.1075 Ha of property LR No. 12825/378.
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Mississipi Water Limited v National Land Commission (Appeal E001 of 2025) [2025] KELAT 178 (KLR) (31 July 2025) (Judgment)
✦ The valuation report was not invalidated due to the date discrepancy. The compensation awarded was for improvements and loss of profit, and the Appellant was only entitled to compensation for improvements.