KENYA NATIONAL HIGHWAY AUTHORITY V. SHALIEN MASOOD MUGHAL, ATTORNEY GENERAL, MINISTER OF ROADS CHINA ROAD AND BRIDGE CORPORATION, CHIEF ENGINEER (MINISTRY OF ROADS) & COMMISSIONER OF LANDS

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, NAMBUYE and KIAGE, JJ.A)

CIVIL APPEAL NO. 327 OF 2014

BETWEEN

KENYA NATIONAL HIGHWAY AUTHORITY .............................APPELLANT

AND

SHALIEN MASOOD MUGHAL ...................................... 1ST RESPONDENT

THE HON. ATTORNEY GENERAL ..................................2ND RESPONDENT

MINISTER OF ROADS ....................................................3RD RESPONDENT

CHINA ROAD AND BRIDGE CORPORATION...............4TH RESPONDENT

THE CHIEF ENGINEER (MINISTRY OF ROADS) ..........5TH RESPONDENT

THE COMMISSIONER OF LANDS....................................6TH RESPODENT

(An appeal from the Judgment and Decree of the High Court of Kenya

at Nairobi (D. S. Majanja, J) dated 17^th March, 2014

in

Petition No. 186 of 2013)

****************

JUDGMENT OF WAKI, JA

1. This is yet another land matter that brings two conflicting and fundamental principles into sharp focus; the right to private property and public interest. It also rekindles memories of the infamous phen…