Njauni v County Government of Kirinyaga (Environment and Land Case 42 of 2016) [2025] KEELC 8097 (KLR)
The bottom line
#A Kenyan county government was ordered to pay a landowner Kshs 1.07 million for building a road on his land without following compulsory acquisition procedures.
What this practically means
#Executive summary
#Key legal issues
#Whether the Defendant's entry and road construction constituted compulsory acquisition
The Defendant's acts were analogous to compulsory acquisition but were effected without following the statutory procedure, constituting unlawful appropriation and trespass
The court held that only the National Land Commission may undertake compulsory acquisition under Sections 107-133 of the Land Act, 2012. The County Government identified a public need for an access road but instead of invoking the statutory process took the land unilaterally. The Plaintiff's portion was appropriated for public use and he was deprived of it, engaging Article 40 protection against arbitrary deprivation of property.
Whether the Plaintiff is entitled to compensation
Yes; the Plaintiff proved his case on a balance of probabilities and is entitled to just compensation for the portion taken by the road
As registered proprietor the Plaintiff enjoyed rights under Sections 24, 25 and 26 of the Land Registration Act, 2012. Deprivation of land for public purpose requires prompt payment of just compensation under Article 40(3) of the Constitution and Section 111(1) of the Land Act. The Defendant followed no such process, so compensation is payable, with interest from filing suit since payment ought to have been prompt.
Quantum of compensation
Compensation limited to the 0.05 Ha taken by the road: Kshs 930,000 plus 15% disturbance allowance (Kshs 140,000), totaling Kshs 1,070,000, with interest at court rates from filing suit
The Valuer valued the portion taken by the road alone at Kshs 930,000 excluding disturbance allowance, and included a further 0.10 Ha he deemed uneconomical. The court rejected that inclusion, taking judicial notice that land of 0.10 Ha is usable depending on planning and use. Disturbance allowance of 15% was added, and interest awarded because compensation was not prompt.
Legal principles established
#- A county government cannot appropriate private land for public use without invoking the compulsory acquisition procedure under the Land Act, 2012 through the National Land Commission; such appropriation is trespass entitling the owner to just compensation
- The National Land Commission is the body mandated to undertake compulsory acquisition under Sections 107 to 133 of the Land Act, 2012
Court orders
#- 1.The Defendant be and is hereby ordered to pay the Plaintiff compensation of Kshs 1,070,000/- for the portion of 0.05 Ha road of access created over land parcel Kiine/Gacharo/334
- 2.Interest at Court rates be paid on the compensation from the date of filing suit till payment is made in full
- 3.Costs of the suit are awarded to the Plaintiff
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land; Article 40 of the Constitution and the Land Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njauni v County Government of Kirinyaga (Environment and Land Case 42 of 2016) [2025] KEELC 8097 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8097/eng@2025-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.