Gilbert Gitari Bore & another v Kenya Urban Roads Authority & 3 others [2020] eKLR Case Summary

Court
Environment and Land Court at Chuka
Category
Civil
Judge(s)
P. M. Njoroge
Judgment Date
October 13, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Gilbert Gitari Bore & another v Kenya Urban Roads Authority & 3 others [2020] eKLR, highlighting key legal findings and implications for urban development in Kenya.

Case Brief: Gilbert Gitari Bore & another v Kenya Urban Roads Authority & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Gilbert Gitari Bore & Omari Marijan Omari v. Kenya Urban Roads Authority & Others
- Case Number: Chuka ELC Case No. 01 of 2020
- Court: Environment and Land Court at Chuka
- Date Delivered: 13th October 2020
- Category of Law: Civil
- Judge(s): P. M. Njoroge
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court were:
- Whether the plaintiffs are the lawful owners of Plots No. 223 and 225 Chuka Township.
- Whether the said plots are located on a road reserve, specifically “Moi Girls” Road.
- Whether the defendants should be permanently enjoined from demolishing or interfering with the plaintiffs' properties.

3. Facts of the Case:
The plaintiffs, Gilbert Gitari Bore and Omari Marijan Omari, claimed ownership of Plots No. 223 and 225 in Chuka Township, asserting that these plots are not situated on any road reserve. The plaintiffs had been paying land rates to the county government and had constructed commercial buildings on their properties. In February 2020, they received notices from the defendants, including the Kenya Urban Roads Authority and Hyper Constructions & Equipment Company Ltd, demanding the demolition of parts of their plots, claiming they encroached on a road reserve. The plaintiffs contended that their plots were legally allocated and had all requisite documentation, including lease certificates and a physical development plan (PDP).

4. Procedural History:
The case was initially set for hearing on 6th October 2020 but was postponed due to scheduling conflicts. The plaintiffs filed an application for an interim injunction to prevent the defendants from demolishing or interfering with their plots. On 7th April 2020, the court granted an order for an independent survey to establish the actual boundaries of the plots in relation to the alleged road reserve. The main suit was scheduled for hearing on 6th October 2020, where the plaintiffs presented evidence, including a surveyor's report affirming their claims.

5. Analysis:
- Rules: The court considered relevant constitutional provisions, particularly Article 40(3)(a) and Article 64 of the Constitution of Kenya, which protect the right to own property and stipulate conditions for lawful ownership.
- Case Law: The court referenced previous cases that established principles regarding property ownership rights and the necessity of clear evidence when claims of encroachment are made. The plaintiffs relied on the surveyor's report, which indicated that their plots did not encroach upon the alleged road reserve.
- Application: The court applied the rules to the facts presented, emphasizing the plaintiffs' evidence, including lease documents and the surveyor’s report, which confirmed the boundaries of the plaintiffs' plots. The court found that the defendants had failed to substantiate their claims regarding the plots being on a road reserve.

6. Conclusion:
The court ruled in favor of the plaintiffs, declaring them the lawful owners of Plots No. 223 and 225 Chuka Township and confirming that these plots are not on any road reserve. A permanent injunction was issued against the defendants to prevent any demolition or interference with the plaintiffs' properties. The court also awarded costs to the plaintiffs, reinforcing their ownership rights.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The case concluded with a favorable ruling for the plaintiffs, affirming their ownership of the contested plots and prohibiting any actions by the defendants that would infringe upon their property rights. This case underscores the importance of due process in property disputes and the protection of individual rights under the Kenyan Constitution, particularly in the context of urban development and land use.

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