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Machareus Obaga Anunda v Kenya Electricity Transmission Co. Ltd

País/Territorio
Kenya
Tipo de la corte
Nacional - corte superior
Fecha
Ago 27, 2015
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court
Sede de la corte
Kisii
Juez
S. Okong'o
Número de referencia
NO. 197 OF 2015
Idioma
Inglés
Materia
Cuestiones jurídicas, Tierra y suelos
Palabra clave
Responsabilidad/indemnización Manejo de tierras Propiedad de extranjeros Derecho constitutional Tenencia de tierras
Resumen

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.

Texto completo
Machareus Obaga Anunda v Kenya Electricity Transmission Co. Ltd.pdf
kenyalaw.org