A land dispute that has dragged on for years has ended with the Land Acquisition Tribunal directing the Kenya Electricity Transmission Company to pay a Naivasha landowner Sh28.7 million for a wayleave created five years ago.
The tribunal said the compensation had been agreed upon and accepted but was never honoured, leaving the landowner without use of part of its land despite giving up its title for registration of an easement.
In its decision, the tribunal ruled that Lakeview Panorama Limited must receive the full amount offered by the company in December 2020, along with interest and the costs of the case. The panel, however, dismissed a separate request seeking damages for trespass.
The case centred on a 7.655-acre parcel in Kedong where the company set up high-voltage transmission lines in 2020. After valuing the affected area, the company issued a compensation offer of Sh28.7 million, which the landowner accepted.
As part of the agreement, Lakeview surrendered its title deed so the easement could be formally registered, clearing the way for construction and occupation.
Despite this, no payment was ever made. The landowner told the tribunal that it had lost the ability to use the affected portion of the property while the company continued to occupy it without fulfilling its part of the bargain. It filed the case in August 2025 after what it described as years of fruitless follow-ups.
The company did not submit a response or sworn evidence to challenge the landowner’s claims and only filed written legal arguments. The tribunal noted that this left the factual account presented by Lakeview entirely uncontested.
“Having created a wayleave on the suit property upon the acceptance of the compensation offer, the respondent was under a duty to pay promptly. The applicant’s claim that compensation has not been paid to date has not been disputed,” the tribunal ruled.
It further concluded that the company’s offer had been “clear, unconditional, and duly accepted”, establishing a binding obligation that the firm failed to meet. The tribunal added that all requirements on the part of the landowner had been honoured, including surrendering the title deed for easement registration.
“The applicant is entitled to immediate payment of compensation as contained in the offer letter dated December 9, 2020,” it stated.
On the trespass claim, the tribunal said there was no evidence that the company entered the land before issuing the compensation offer and therefore dismissed the request for additional damages.
