[2025] KEELC 3957 (KLR)
The court determined that, in the interests of justice and to ensure a fair and informed determination of the petition concerning compulsory acquisition of land, it is necessary for the parties to provide a valuation report of the suit property. The court exercised its inherent powers under Section 3A of the Civil...
Source-derived case information.
- Citation
- [2025] KEELC 3957 (KLR)
- Parties
- Applicant: Mary Nduku Kisangi; Respondent: Member of County Assembly Mlolongo Syokimau Ward; Respondent: The County Government of Machakos; Interested Party: The National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 11 of 2020
- Procedural Posture
- Environment and Land Petition / Interlocutory Ruling on Further Evidence Before Judgment
- Outcome
- Interlocutory orders issued for filing of valuation report before final judgment.
- Judges
- AY Koross
- Legal Topics
- Compulsory Acquisition, Valuation of Land, Right to Property, Public Interest Land Use
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Nduku Kisangi
Applicant
Member of County Assembly Mlolongo Syokimau Ward
Respondent
The County Government of Machakos
Respondent
The National Land Commission
Interested Party
Procedural Posture
Environment and Land Petition / Interlocutory Ruling on Further Evidence Before Judgment
Legal Issues
- 1 Whether the court should order a valuation report of the suit property before rendering judgment.
- 2 Whether the parties are required to provide further evidence to assist the court in determining the petition regarding compulsory acquisition.
Ratio Decidendi
The court determined that, in the interests of justice and to ensure a fair and informed determination of the petition concerning compulsory acquisition of land, it is necessary for the parties to provide a valuation report of the suit property. The court exercised its inherent powers under Section 3A of the Civil Procedure Act and its discretion under Section 173(1) of the Evidence Act to order the production of further evidence. The court found that the valuation report is essential for assessing the adequacy of compensation and the legality of the acquisition process, and that such evidence must be obtained before a final judgment can be rendered.
Court Disposition
Interlocutory orders issued for filing of valuation report before final judgment.
Orders
- Parties are directed to file a valuation report on land parcel title no. Athi River/Athi River Block 18/101 within 60 days.
- The valuation exercise and report shall be undertaken by a government surveyor and/or valuer at the respective parties' costs.
Full Case Text
Judgment text and source record
25 paragraphs
Kisangi v Member of County Assembly Mlolongo Syokimau Ward & another; National Land Commission (Interested Party) (Environment & Land Petition 11 of 2020) [2025] KEELC 3957 (KLR) (20 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3957 (KLR)
Republic of Kenya
In the Environment and Land Court at Machakos
Environment & Land Petition 11 of 2020
AY Koross, J
May 20, 2025
IN THE MATTER OF ARTICLES: 10,40,43,47,60 AND 67 OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF: OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013 AND IN THE MATTER OF: COMPULSORY ACQUISITION OF PRIVATE LAND BY A PUBLIC ENTITY AND IN THE MATTER OF: IN THE MATTER OF PART VIII OF THE LAND ACT
Between
Mary Nduku Kisangi
Petitioner
and
Member of County Assembly Mlolongo Syokimau Ward
1st Respondent
The County Government of Machakos
2nd Respondent
and
The National Land Commission
Interested Party
Ruling
1. This case had been reserved for judgment today, but unfortunately, this court is constrained to deliver a ruling instead of a judgment.
2. Within the provisions of Section 3A of the Civil Procedure Act, this court has inherent power to make such orders as may be necessary for the ends of justice to be met.
3. In addition, Section 173 (1) of the Evidence Act gives this court wide latitude in obtaining proper evidence before it renders its final determination. It can exercise such powers suo moto and may order the production of any document. This provision of law states as follows: -“A judge or magistrate may, in order to discover or to obtain proper evidence, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact whether or not it is otherwise admissible; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to object to any such question or order, nor, without leave of the court, to cross-examine the witness upon any answer given in reply to any such question:Provided that judgment shall be based only upon facts which are otherwise admissible and which have been duly proved. Emphasis added.
4. Having considered the nature of the petition that is before this court, it is the considered view of this court that it is necessary for the parties to tender a valuation report of land parcel no. Title no. Athi River/Athi River Block 18/101 (“suit property”). For this reason, this court hereby makes the following orders: -a.Parties are hereby directed that within 60 days hereof, they do file before this court a valuation report on land parcel title no. Athi River/Athi River Block 18/101. b.That at their respective costs, the valuation exercise and report shall be undertaken by a government surveyor and/or valuer.c.That once the report has been filed, the matter shall be mentioned to confirm compliance and further directions.It is so ordered.
DELIVERED AND DATED AT MACHAKOS THIS 20THDAY OF MAY, 2025. HON. A. Y. KOROSSJUDGE20. 05. 2025Ruling delivered virtually through Microsoft Teams Video Conferencing PlatformIn the presence of;Mr Chege Kamau for petitionerN/A for defendantMs Kanja- Court Assistant