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STANLEY MUNGA GITHUNGURI
V.
KENYA NATIONAL HIGHWAYS AUTHORITY & 2 OTHERS

(2017) JELR 94079 (CA)

Court of Appeal 30 Jun 2017 Kenya
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Case Details

Suit Number:Civil Appeal 215 of 2014
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu
Location:Nairobi
Other Citations:Stanley Munga Githunguri v. Kenya National Highways Authority & 2 others [2017] eKLR

JUDGMENT OF THE COURT

1. The appellant (hereinafter, Stanley) complains about an award of Sh. 100,000 given to him by the Constitutional Division of the High Court (Majanja, J.) in a judgment delivered on 21st March 2014. In his petition filed on 5th August 2013, he averred that the 1st respondent, Kenya National Highways Authority (Kenha) and its authorized agent, the 2nd respondent, (China roads) had on 2nd August 2013 trespassed into a 9-Acre portion of his land in Karen under the pretext of constructing the Southern bypass road, destroyed a perimeter fence and cut down several trees over an area of 6 Acres. He claimed that his right to the property under Article 40 of the Constitution had been violated through an arbitrary process which ignored the provisions of the Land Act and the Land Acquisition Act. The respondents had therefore acted in excess and/or want of jurisdiction, he contended, and enjoined the Attorney General (AG) in the petition as the legal advisor to the Governme…

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