[2022] KEELC 2330 (KLR)
The court found that the applicant had established his entitlement to the compensation for compulsory acquisition of Plot No. Kinyambu/2481, as previously determined in ELC Case No. 47 of 2017. The National Land Commission had confirmed the compensation amount of Kshs 1,086,080, and there was no opposition to the...
Source-derived case information.
- Citation
- [2022] KEELC 2330 (KLR)
- Parties
- Applicant: Julius Wathome Kyule; Respondent: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 01 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Payment of Compensation
- Outcome
- application allowed
- Judges
- CG Mbogo
- Legal Topics
- Compulsory Acquisition Compensation, Enforcement of Judgment, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Wathome Kyule
Applicant
National Land Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Payment of Compensation
Legal Issues
- 1 Whether the applicant is entitled to payment of Kshs 1,086,080 as compensation for compulsory acquisition of Plot No. Kinyambu/2481.
- 2 Whether the National Land Commission is obligated to pay the compensation to the applicant as per the previous court judgment.
Ratio Decidendi
The court found that the applicant had established his entitlement to the compensation for compulsory acquisition of Plot No. Kinyambu/2481, as previously determined in ELC Case No. 47 of 2017. The National Land Commission had confirmed the compensation amount of Kshs 1,086,080, and there was no opposition to the application. The court held that the applicant was entitled to enforcement of the judgment, and ordered the Chairman of the National Land Commission to pay the specified amount into the applicant's designated bank account. Each party was ordered to bear their own costs.
Court Disposition
application allowed
Orders
- The Chairman of the National Land Commission is ordered to pay Kshs 1,086,080 into account number 1144054680, Kenya Commercial Bank-Kibwezi, account name Julius Wathome Kyule.
- The Chairman of the National Land Commission to comply with the payment order within a reasonable time.
Full Case Text
Judgment text and source record
23 paragraphs
Kyule v National Land Commission (Environment and Land Miscellaneous Application 01 of 2020) [2022] KEELC 2330 (KLR) (6 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2330 (KLR)
Republic of Kenya
In the Environment and Land Court at Makueni
Environment and Land Miscellaneous Application 01 of 2020
CG Mbogo, J
July 6, 2022
Between
Julius Wathome Kyule
Applicant
and
National Land Commission
Respondent
Ruling
1. The application for determination is dated 27th February, 2020 and was filed under certificate of urgency. It is brought under Sections 3 & 3A of the Civil Procedure Act, Order 57 Rule 1 of the Civil Procedure Rules(CPR) and all other enabling provisions of the Law. It seeks;a)Spent.b)That the Honorable Court be pleased to order that the Chairman, National Land Commission, pays the applicant his due of kshs 1,086,080/= justly awarded in 2015, for acquisition of plot No. Kinyambu/2481 measuring 1, 65. 12 Ha.c)Thatcost of this application be provided for
2. The application is supported by the grounds on its face and the affidavit of Julius Wathome Kyule sworn on the same date. He deposed that the dispute which stood in the way of the disbursement was settled by this Court on December 3, 2018. The documents exhibited in support of the application are marked as JWK1-6.
3. The application is not opposed despite the evidence of service on record. This Court noted that its judgment (JWK5) does not indicate the amount of money to be paid to the applicant. It therefore directed the applicant to file submissions on why the application should be allowed.
4. The applicant submitted that ELC Case No. 47 of 2017 arose from Standard Gauge Railway compensation to the family of mzee Kyule Kimuli. That the family agreed that he (applicant) was to receive the award but his step brother, Joseph Kimanthi Kyule, complained to the National Land Commission(NLC). Consequently, the award of kshs 1,086,060/= was never paid.
5. He submitted that despite his step brother being served, he never showed up and judgment was entered as prayed in the plaint. He submitted that the judgment was served upon NLC but no action was taken hence the current application.
6. In Makueni ELC Case No. 47 of 2017, this Court entered judgment in favour of the plaintiff (applicant herein) in terms of prayers (a), (b) & (c) of the plaint. The said prayers were as follows:-a.A declaration that the defendant is not entitled to the Standard Gauge Railway Award to Plot No. Kinyambu/2481. b.That the award be paid to Julius Wathome Kyule’s Account Number 1144054680 Kenya Commercial Bank Kibwezi.c.The defendant pays the cost of the suit with interest at Court rates.
7. I have carefully looked at all the exhibits and in the bundle marked JWK3, there is a document from NLC confirming that the compensation payable is kshs 1,086,080/=.
8. The upshot is that the application has merit and I make the following orders:-a)The Chairman of the National Land Commission is hereby ordered to pay kshs 1,086,080/= into account number 1144054680, Kenya Commercial Bank-Kibwezi, account name; Julius Wathome Kyule.b)The Chairman of the National Land Commission to comply with order (a) within a reasonable time.c)Each party to bear their own costs.
SIGNED AND DELIVERED AT NAROK VIA EMAIL ON THIS 6TH DAY OF JULY, 2022. MBOGO C.GJUDGE6/7/2022In the presence of:-T.Chuma CA