[2020] KEHC 3875 (KLR)

[2020] KEHC 3875 (KLR)

The court found that the Petitioner was the registered proprietor of the suit property and that the Respondents, by their own admission, entered the land, deposited soil, dug trenches, and constructed infrastructure without following due process for compulsory acquisition. These acts deprived the Petitioner of the...

Source-derived case information.

Citation
[2020] KEHC 3875 (KLR)
Parties
Applicant: David Gitau Thairu; Respondent: The County Government of Machakos; Respondent: The Governor, County Government of Machakos; Respondent: The Hon. Attorney General
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
? 137 of 2018
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed in part; prohibitory and restorative orders granted; declaration of rights violation; exemplary damages awarded.
Judges
OA Angote
Legal Topics
Right to Property, Compulsory Acquisition, Trespass to Land, Exemplary Damages
Source Language
en
Constitutional Law Land and Property Right to Property Compulsory Acquisition Trespass to Land Exemplary Damages

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Parties

David Gitau Thairu

Applicant

The County Government of Machakos

Respondent

The Governor, County Government of Machakos

Respondent

The Hon. Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

  1. 1 Whether the Respondents' entry and acts on the Petitioner's land constituted unconstitutional deprivation of property rights under Article 40 of the Constitution.
  2. 2 Whether the Petitioner is entitled to exemplary damages for the Respondents' actions.
  3. 3 Whether the Respondents' actions amounted to trespass and waste on the Petitioner's property.

Ratio Decidendi

The court found that the Petitioner was the registered proprietor of the suit property and that the Respondents, by their own admission, entered the land, deposited soil, dug trenches, and constructed infrastructure without following due process for compulsory acquisition. These acts deprived the Petitioner of the use and enjoyment of his property, constituting a violation of his constitutional right under Article 40. The Respondents' actions were deemed oppressive and arbitrary, justifying an award of exemplary damages. However, since the Petitioner retained ownership of the land and the claim for compensatory damages was not substantiated beyond the pleadings, only exemplary damages...

Court Disposition

Petition allowed in part; prohibitory and restorative orders granted; declaration of rights violation; exemplary damages awarded.

Orders

  • An order of prohibition restraining the Respondents from trespassing, committing waste, or dumping waste on Land Reference Number 23423, Machakos.
  • An order directing the 1st and 2nd Respondents to remove all deposits of waste, soil, and debris from the Petitioner's land and restore it to its original state.