[2010] KEHC 957 (KLR)
The court found that the Plaintiff, Kenya Power & Lighting Co. Ltd, had trespassed on the Defendant's land by installing high voltage power lines, which rendered a significant portion of the land unusable. The court accepted that compensation was due but rejected the Defendant's inflated claims for doubled land...
Source-derived case information.
- Citation
- [2010] KEHC 957 (KLR)
- Parties
- Plaintiff: Kenya Power & Lighting Co. Ltd; Defendant: Philip A. M. Kimondiu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 1034 of 2007
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the defendant on liability and quantum of damages
- Legal Topics
- Compulsory Acquisition, Trespass to Land, Compensation for Land, Valuation of Land, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power & Lighting Co. Ltd
Plaintiff
Philip A. M. Kimondiu
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the Plaintiff's installation of power lines constituted trespass on the Defendant's land.
- 2 What is the appropriate measure of compensation for the Defendant due to the Plaintiff's actions.
- 3 Whether the Defendant is entitled to damages for stress-related illness allegedly caused by the trespass.
Ratio Decidendi
The court found that the Plaintiff, Kenya Power & Lighting Co. Ltd, had trespassed on the Defendant's land by installing high voltage power lines, which rendered a significant portion of the land unusable. The court accepted that compensation was due but rejected the Defendant's inflated claims for doubled land value and stress-related illness due to lack of evidence. Relying on comparable valuations and precedent, the court awarded compensation based on the current market value of the land (KShs. 150,000 per acre for 7.1 acres), the value of developments (including agriculture and irrigation), and the cost of movement. The total award was KShs. 5,565,000, with interest from the date of...
Court Disposition
judgment for the defendant on liability and quantum of damages
Orders
- The Plaintiff shall pay the Defendant KShs. 5,565,000 as compensation.
- The award shall attract interest from the date of judgment until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ELC. 1034 OF 2007
KENYA POWER & LIGHTINING CO. LTD …………..PLAINTIFF
V E R S U S
PHILIP A. M. KIMONDIU ………… ………..…………DEFENDANT
J U D G M E N T
The Defendant is the owner of plot No. 6-106 (original plot No. 10967) and the Plaintiff is a licencee authorized to undertake public supply and distribution of electric energy in theRepublic of Kenya. In the process of laying a 220KV power distribution line from Kiambere Dam to Dandora in Nairobi aimed at boosting the energy capacity of the national power grid, the Plaintiff passed the line through various parcels of land including the Defendant’s. The Defendant’s land acreage is 7. 1 acres, out of which 40% is under 2 no. high voltage power lines. In addition the way the lines have traversed the parcel renders it almost useless for any other purpose.
The Defendant’s parcel is agricultural. On it he has a main house, foundation for another house, kitchen block, 2 no. granaries, rabbit hatch, toilet block and zero grazing unit. The Defendant was preparing to undertake irrigation farming on the parcel and has materials on site.
The parties agreed that there be judgment for the Defendant against the Plaintiff on liability at 100%. The Defendant had alleged trespass because of this intrusion on his land by the Plaintiff and sought to be compensated for the same.
There is a valuation report by Metrocosmo Valuers Limited dated28th November 2003 done at the instance of the Plaintiff to advise on it on the fair market value compensation. It was on the basis that the Defendant was going to be compensated to relocate. It gave a figure of KShs. 1,700,000/= as follows:-
a) improvements …………………………KShs. 550,000/=
b)land ……………………………………..KShs. 850,000/=
c)cost of movement ……………………..KShs. 300,000/=
The Defendants commissioned Mwaka Musau Consultants who provided a report on 21st August, 2003. It valued the land and development to be worth KShs. 3,404,000/=. The Defendant has calculated that since then the value has doubled to KShs. 6,808,000/=. There was of course no evidence for this doubling of the value. For loss of irrigation project KShs. 4,000,000/= was sought. The Defendant asked for three times the figure to cover 3 years of compensation. He then said he and his family members had suffered stress related illness owing to the trespass and asked for KShs. 4,000,000/= on that limb. The total is KShs. 22,808,000/=.
I have considered these reports and the submissions on record by Mr. Mutiso for the Defendant and Mr. Kibathi for the Plaintiff.
Certainly the value of land has since gone up as has done the price of development. In John Kilili Kilonzo –Vs- Kenya Power & Lighting Company, HCCC No. 1018/04 (Consolidated) at Nairobi, the value of land in the same area as the Defendant’s was estimated to be about KShs. 130,000/= an acre in 2009. I will allow KShs. 150,000/= for an acre at the present rates. For 7. 1 acres, the value is KShs. 1,065,000/=. For the developments, including agriculture and irrigation, I will award KShs. 4,000,000/=. The cost of movement shall be KShs. 500,000/=. The total award shall be KShs. 5,565,000/= which shall be with interest from the date of judgment to date of final payment. Costs shall follow the event.
DATED, DELIVERED AND SIGNED ATNAIROBI
THIS 28TH DAY OF OCTOBER 2010
A.O. MUCHELULE
J U D G E