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Machareus Obaga Anunda v Kenya Electricity Transmission Co. Ltd

Country/Territory
Kenya
Type of court
National - higher court
Date
Aug 27, 2015
Source
UNEP, InforMEA
Court name
High Court
Seat of court
Kisii
Judge
S. Okong'o
Reference number
NO. 197 OF 2015
Language
English
Subject
Land & soil, Legal questions
Keyword
Liability/compensation Land-use planning Foreign land tenure Constitutional law Land tenure
Abstract

In this case, the plaintiff sued an electrical company which has been occupying his land in order to construct an electricity transmission line from Kisii to Awendo.

The plaintiff seek a declaration from the court that he arbitrary acquisition of the portion of its lands is illegal and contrary to his right to property and to private life protected by Articles 40 and 67 of the Constitution. In addition, the plaintiff required a permanent injunction to restrain the electrical company to trespass on his land. The defendant argued that the public interest that would be served if the electricity transmission line is allowed to pass through the suit properties far much outweighs the plaintiff’s private interest in the said properties and alleged that he had followed the procedures to acquire the portion of the land were the electric transmission line was supposed to be constructed.

The judge of the high court held that the defendant had failed to follow the procedure provided by the Land Act as it did not issue a way leave over the portion of land at stake and did not offer an appropriate compensation to the plaintiff. Consequently, the judge issued an injunction order preventing the defendant from constructing an electricity transmission line on the land of the plaintiff except if he pays to the plaintiff a sum of Kshs.1, 000,756 as compensation.

Full text
Machareus Obaga Anunda v Kenya Electricity Transmission Co. Ltd.pdf
kenyalaw.org