Supreme Court Orders KDF to Vacate 90 Acre Land in Kayole
The Kenya Defense Forces (KDF) has lost 90 acres of land that it was accused of illegally annexing from Kayole Estate Limited as part of the Embakasi Barracks.
In a judgment, the Supreme Court stated that although the Department of Defense demonstrated exclusive occupation and use of the property at issue since 1986, it failed to demonstrate that it acquired valid title to the land.
In addition, the court noted that KDF acted with the complete knowledge and authority of the defunct Nairobi City Council (NCC) and the Commissioner of Lands.
“As matters currently stand, title to the suit property remains vested in Nairobi County which is the legal successor to the defunct Nairobi City Council,” the judges ruled.
The property comprised 5639 acres of freehold land in Embakasi. On February 21, 1964, the parcel was subdivided and transferred to Kayole Estates Limited.
On November 22, 1971, the parcel was transferred to the deceased Nairobi City Council (NCC).
The land was subdivided into eight parcels in 1973, one of which was LR No. 22524, Grant No. IR 85966, comprising 83.910 Hectares.
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The Supreme Court was informed that on December 19, 1999, another entity acquired the property from NCC via an allotment letter.
The company also claimed that the Department of Defense (DoD) had illegally trespassed on its property, fenced off 90 acres, and encroached upon it.
The business sought mandates and compensation for the violation of its property rights. The trial court determined that the Department of Defense violated Article 40, Section 3 of the Constitution.
The Supreme Court ruled that the KDF’s occupation, retention, and continued occupation of the property constituted an unlawful acquisition by eminent domain.
“On the first appeal, the Court of Appeal overturned the High Court and dismissed the appeal on grounds that the suit property was not unalienated government land within the meaning of Section 2 of the Government Lands Act (repealed),” the judges ruled.
“The court observed that it was private property and as a result, the Commissioner of Lands lacked the power to alienate or allocate it. Consequently, the court concluded that the private company had not acquired a valid interest in or over the suit property.”
Supreme Court Orders KDF to Vacate 90 Acre Land in Kayole
