The Supreme Court of Kenya has agreed to hear an appeal by the Attorney-General regarding a Sh17.3 billion award to Nguruman Limited, a Narok-based investor. The award was made due to the State's failure to prevent the invasion of the investor's ranch by locals over three decades ago. A five-judge bench presided over by Chief Justice Martha Koome ruled that the appeal falls within the court's jurisdiction as it raises issues concerning the interpretation and application of the Constitution.
The Court of Appeal had previously ordered the government to compensate Nguruman Limited following the invasion and takeover of its expansive ranch in Narok by locals, which began in 1991. The appellate court held that the police's failure to act despite numerous requests and court orders to stop the invasion, destruction, and illegal occupation of the property amounted to an untenable abdication of the State's foremost duty: protecting private property.
The Attorney General subsequently moved to the Supreme Court to challenge the decision, arguing that the appeal raises questions concerning the interpretation and application of various constitutional provisions on the extent of State responsibility in protecting property and the principles governing compensation for constitutional violations. However, Martin Richard Steyn, representing Nguruman Limited, opposed the appeal, arguing that the Supreme Court lacked jurisdiction to entertain it.
Steyn submitted that the case did not raise any constitutional controversy because the Court of Appeal had relied on the common law principle of negligence in determining the liability of the National Police Service, rather than interpreting or applying the Constitution. He argued that the appeal was merely an attempt to have the Supreme Court review concurrent findings of fact and conclusions reached by the two lower courts.
Nguruman Limited sued the government, claiming it was the registered proprietor of land known as LR No. Narok/Nguruman/Kamorora/1, measuring approximately 66,700 acres. The property is situated in the Nguruman area of Narok County, near Lake Magadi, and borders two group ranches. The investor had entered into discussions with neighboring group ranches around 1983, with a view to leasing or acquiring the land.
The Environment and Land Court had initially awarded Nguruman Limited Sh33 billion, prompting the Attorney General to appeal on the grounds that the government had not taken over the property. The court subsequently ordered the government to pay Nguruman Limited Sh16.7 billion as compensation for the land, Sh340 million for the destruction of its lodges, and Sh162 million for the destruction of electricity and water supply systems and other installations.
The government was also ordered to pay Sh61.1 million for the loss of assets, furniture, and consumables, Sh11.2 million for motor vehicles stolen during the invasion, and Sh39.4 million for trees destroyed by the invaders. The Supreme Court's decision to hear the appeal will determine the extent of State responsibility in protecting property and the principles governing compensation for constitutional violations.
Key points
- The Supreme Court will determine the extent of State responsibility in protecting property.
- The appeal challenges a Sh17.3 billion award to Nguruman Limited.
- The case raises issues concerning the interpretation and application of the Constitution.
