[2013] KEHC 1524 (KLR)

[2013] KEHC 1524 (KLR)

The court found that the Commissioner of Lands failed to comply with the mandatory procedures for compulsory acquisition under the Land Acquisition Act and the Constitution. Specifically, the Petitioner was not served with the required notices of intended acquisition and inquiry, nor was it identified as the...

Source-derived case information.

Citation
[2013] KEHC 1524 (KLR)
Parties
Applicant: Mathatani Limited; Respondent: Commissioner of Lands; Respondent: Attorney General; Respondent: Chief Engineer Ministry of Roads; Respondent: Kenya National Highways Authority; Respondent: Nicholas O'Dwyer & Company Limited of Ireland; Respondent: Abdul Mullick Associates Limited (Kenya)
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Petition 262 of 2011
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed. Declarations and judicial review orders granted as prayed. Costs to the Petitioner against the 1st Respondent.
Judges
BT Jaden
Legal Topics
Compulsory Acquisition, Right to Property, Fair Administrative Action, Notice Requirements, Access to Information, Judicial Review
Source Language
en
Constitutional Law Land and Property Administrative Law Compulsory Acquisition Right to Property Fair Administrative Action Notice Requirements Access to Information +1 more

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Parties

Mathatani Limited

Applicant

Commissioner of Lands

Respondent

Attorney General

Respondent

Chief Engineer Ministry of Roads

Respondent

Kenya National Highways Authority

Respondent

Nicholas O'Dwyer & Company Limited of Ireland

Respondent

Abdul Mullick Associates Limited (Kenya)

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the compulsory acquisition of the Petitioner's land was conducted in accordance with the mandatory provisions of the Land Acquisition Act and the Constitution.
  2. 2 Whether the Petitioner was denied the right to fair administrative action and access to information as guaranteed under Articles 35 and 47 of the Constitution.
  3. 3 Whether the notices issued and the compensation process met the requirements of prompt and just compensation under Article 40 of the Constitution.

Ratio Decidendi

The court found that the Commissioner of Lands failed to comply with the mandatory procedures for compulsory acquisition under the Land Acquisition Act and the Constitution. Specifically, the Petitioner was not served with the required notices of intended acquisition and inquiry, nor was it identified as the registered proprietor in the Gazette Notices. The Respondents failed to prove that service was effected by any lawful means. The omission to identify the Petitioner and the public body for whom the land was being acquired rendered the notices invalid. The Petitioner was also denied access to relevant information and documents necessary to challenge the acquisition and assess...

Court Disposition

Petition allowed. Declarations and judicial review orders granted as prayed. Costs to the Petitioner against the 1st Respondent.

Orders

  • All declarations sought in prayers 1 to 16 of the Petition are granted.
  • Orders of judicial review of certiorari granted in terms of prayers 17 and 18 of the Petition, quashing the acquisition and compensation award.