Registered Trustees of Christs Co-Workers Fellowship v Kenya National Highways Authority & another (Environment and Land Appeal E028 of 2026) [2026] KEELC 5241 (KLR)
The bottom line
#A church occupying land after its lease expired lost its challenge to the compulsory acquisition of that land for the Nairobi Expressway.
What this practically means
#Executive summary
#Key legal issues
#Sufficiency of the compulsory acquisition process for L.R. No. 209/11953
The entire parcel was lawfully acquired; the acreage discrepancy was accounted for by the portion already occupied by Ngong Road, and the registered owner was compensated Kshs 7,717,313,430.0
The Gazette Notices of 12th March 2020 and 4th September 2020 identified the acquisition for the Nairobi Expressway Project. The Director of Survey at KeNHA explained the apparent discrepancy in acreage. The 2nd Respondent surrendered its title on 21st May 2021, and a Senate valuation report confirmed compensation was duly paid to the registered owner.
Whether the Appellant held a valid legal or proprietary interest warranting protection
No. The lease expired in March 2009 without renewal or registration; continued occupation created only a periodic lease which is an unregistrable interest under Section 58 of the Land Act
Under Section 57(1) of the Land Act, remaining in possession with the lessor's consent after expiry of the term creates a periodic lease. A short-term or periodic lease is not a registrable interest under Section 58. The Appellant's oral assurances of reservation of the land were not recognized as registrable interests unless registered under Article 135 of the Constitution.
Lawfulness of the eviction and demolition notice dated 2nd April 2024
The notice was lawful, reasonable and procedurally justified, issued under the Kenya Roads Act and the Traffic Act after prior engagement of the Appellant
Having acquired the land wholly and paid compensation, the 1st Respondent acted within its mandate. There had been an initial communication in January 2022 and a meeting on 28th January 2022 in which the Church acknowledged the need to relocate and requested time to move. The Church had remained on the acquired land long after completion of the acquisition.
Whether the trial court's treatment of compensation jurisdiction was contradictory
No. Jurisdiction over compensation disputes vests in the Land Acquisition Tribunal under Sections 133C and 133D of the Land Act, and the trial court rightly declined jurisdiction on compensation
Section 133C(6) requires matters relating to compulsory acquisition to be referred in the first instance to the Tribunal, with appeals to the ELC under Section 133D. Additionally, the pecuniary value of the suit property (over Kshs 7.7 billion) far exceeded the trial magistrate's pecuniary jurisdiction of Kshs 15,000,000.
Legal principles established
#- Compulsory acquisition of land extinguishes the proprietor's rights and interests in the acquired land upon lawful acquisition and payment of compensation in accordance with the Land Act, 2012
- Where a clear procedure for redress of a grievance is prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed
- Costs follow the event and the successful party gets costs
Court orders
#- 1.The appeal is dismissed in its entirety
- 2.Costs of the appeal are awarded to the respondents
- 3.The judgment and decree of the trial court dismissing the plaintiff's suit are upheld
- On appeal from
- Nairobi Chief Magistrate's Court (ELC Case No. E179 of 2024)
- ELC Case No. E179 of 2024
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act (first appellate jurisdiction); Section 133D of the Land Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of Christs Co-Workers Fellowship v Kenya National Highways Authority & another (Environment and Land Appeal E028 of 2026) [2026] KEELC 5241 (KLR)", Case Analysis (2026). Environment and Land Court Appeal from Nairobi Chief Magistrate's Court ELC Case No. E179 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5241/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.