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Kenya Electricity Transmission Company Limited v Biego & 19 others (Environment and Land Case 96 of 2021) [2026] KEELC 3046 (KLR)

Environment and Land Court
19 May 2026
4,301 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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Kenya's land court ordered Nandi landowners compensated and restrained from blocking KETRACO's power line, with a 40-metre easement registered after title deeds are produced.

What this practically means

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Executive summary

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The plaintiff, KETRACO, a state corporation charged with electricity transmission, sued the registered owners of sixteen land parcels in Nandi County affected by the Olkaria-Lessos-Kisumu Transmission Line project. It sought an assessment of just compensation, a permanent injunction against interference with its works, and an order that the Registrar of Lands Nandi County register a 40-metre easement over the suit parcels without production of original title deeds. Some defendants did not defend; others denied trespass, inadequate sensitization and demanded compensation, the 20th defendant (administrator of a deceased owner's estate) claiming Kshs. 800,000 and general damages. On 1st July 2024 the dispute was referred to Court Annexed Mediation, and on 23rd July 2025 a partial settlement agreement dated 8th November 2024, covering specified defendants and compensation sums held in trust pending succession proceedings, was adopted as a court order. The court framed three issues: whether the adopted partial settlement partially settled the dispute; whether the plaintiff's claim was proved; and what orders the ends of justice required. Holding the adopted settlement to be a binding consent order or partial judgment that could not be varied without sufficient reason, and finding the claim proved on a balance of probabilities through PW1's uncontroverted evidence, the court entered judgment in terms of the settlement: assessment of just compensation, a permanent injunction against the defendants, and registration of the easement within fourteen days upon production of original title deeds, with compensation thereafter. Guided by section 27(1) of the Civil Procedure Act and Jasbir Singh Rai, each party was ordered to bear its own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the partial settlement agreement dated 8th November 2024 duly adopted as orders of the court, partially settled the present dispute
  2. 2.Subject to issue (a) above, has the plaintiff's claim for the orders sought at the foot of the plaint been proved against the defendants to the requisite standard?
  3. 3.What orders can the court render for the ends of justice?

Key legal issues

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01

Effect of the partial settlement agreement adopted as a court order

Holding

The partial settlement agreement dated 8th November 2024, adopted on 23rd July 2025, is a binding consent order or partial judgment binding only the parties to it and cannot be varied or set aside without sufficient reason

Reasoning

The court held that the agreement involved only the plaintiff and the 10th, 11th, 13th, 14th, 16th to 20th defendants and binds only those parties. Having been voluntarily entered into and duly adopted as a court order, it cannot be varied or set aside without sufficient reason. The court relied on its inherent powers under section 3A of the Civil Procedure Act and Article 159(2)(b), (c) and (d) of the Constitution to render a partial consent judgment.

p. 9
02

Whether the plaintiff's claim was proved against the defendants

Holding

The plaintiff's claim was established on a balance of probabilities through the partial settlement agreement and the uncontroverted evidence of PW1

Reasoning

The defendants did not testify. PW1's evidence, including exhibits 1 to 34, established valuation, offers and payments, with non-payments attributable to non-registration of the easement. In cross-examination PW1 admitted the defendants were not called to the meetings, yet the court found the claim proved on a balance of probabilities, relying on the authorities cited including Park Towers and Kirugi v Kabiya.

p. 11
03

Relief to be granted, including priority between registration of the easement and compensation

Holding

Judgment was entered in terms of the partial settlement agreement; the easement is to be registered within fourteen days upon production of original title deeds, and compensation to follow thereafter

Reasoning

The court granted an assessment of just compensation as per the settlement, a permanent injunction against interference with the plaintiff's works, and ordered registration of a 40-metre easement upon production of title deeds, with compensation thereafter. On costs, guided by the proviso to section 27(1) of the Civil Procedure Act and Jasbir Singh Rai, each party was to bear its own costs.

p. 11

Legal principles established

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  • A settlement agreement adopted by the court becomes a binding consent order or judgment which the court cannot vary or set aside without sufficient reason
  • A partial settlement agreement operates as a valid and enforceable partial judgment binding only the parties to it, pending determination of the main suit
  • The onus is always on the plaintiff to prove his or her case on a balance of probabilities
  • Where trespass is proved, a party need not prove any specific damage or loss to be awarded damages; the court assesses damages on the unique facts of each case

Court orders

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  1. 1.An assessment of just compensation payable to the Defendants as stated in the partial settlement agreement (paragraphs 28, 29 and 30)
  2. 2.Permanent injunction against the Defendants, either by themselves, their agents or employees, from interfering with the works of the Plaintiff
  3. 3.An order that the Registrar of Lands Nandi County does register an Easement measuring 40 meters wide in favour of the plaintiff (KETRACO) against the 1st to 16th suit parcels of land within fourteen (14) days upon production of the original title deeds by the respective defendants and thereafter, compensation be made forthwith
  4. 4.Parties to bear their own costs of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction under the Environment and Land Court Act over disputes relating to land in Nandi County; Article 159(2)(b), (c) and (d) of the Constitution of Kenya 2010 on adoption of mediated settlement

Relief refused

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An order for registration of the easement without the requirement for production of the Original Title Deed

The court granted registration of the easement but conditioned it on production of original title deeds by the respective defendants, unlike the unqualified relief sought in the plaint

p. 11

General damages for pain, suffering and loss claimed by the 20th defendant

The 20th defendant's defence sought general damages but judgment was entered in terms of the partial settlement agreement, which did not provide for such damages

p. 11

Costs

Parties to bear their own costs of the suit, guided by the proviso to section 27(1) of the Civil Procedure Act and Jasbir Singh Rai & others vs Tarlochan Rai & others (2014) eKLR

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

An order that the Registrar of Lands Nandi County does register an Easement measuring 40 meters wide in favour of the plaintifi (KETRACO) against the 1st to 16th suit parcels of land within fourteen (14) days upon production of the original title deeds by the respective defendants and thereafter, compensation as per order (a) hereinabove be made forthwith.
p. 11Final orders - registration of easement and compensation
parties to bear their own costs of this suit.
p. 11Final orders - costs
the existence of a partial agreement or judgment has not been set aside. It was duly adopted by the court herein thus, remains a valid and enforceable partial judgment pending determination of the main suit
p. 10Binding effect of adopted partial settlement agreement
Thus, a consent by parties becomes an order of the court only once it has been formally adopted by the court
p. 9Consent orders - adoption by the court
the plaintifi's claim has been established on a balance of probabilities as set out in the partial settlement agreement and evidence of PW1
p. 11Standard of proof

Issues in the judgment

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minor

The date of the partial settlement agreement is stated inconsistently within the judgment

minor

The counsel submissions date is stated as 13th March 2026, which post-dates the 2025 references elsewhere and may be a typographical error

minor

The suit number of this case is not stated anywhere in the judgment as provided

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Electricity Transmission Company Limited v Biego & 19 others (Environment and Land Case 96 of 2021) [2026] KEELC 3046 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3046/eng@2026-05-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.