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Kepha Maobe & 365 others v. Benson I. Mwangi & City Council of Nairobi

(2015) JELR 99878 (CA)

Court of Appeal  •  Civil Appeal 8 of 2004  •  6 Nov 2015  •  Kenya

Coram
Philip Nyamu Waki, Wanjiru Karanja, William Ouko

Judgement

JUDGMENT OF THE COURT

Introduction

1. It is common knowledge, and we may take judicial notice of it, that the affinity for land acquisition and ownership in this country is insatiable. Land is indeed so central to the lives of Kenyans that it was at the centre of the bitterly fought war for the country’s independence. The exemplification of the thirst for land is our capital city whose central business district and its environs have since independence been covered with stone, concrete, mortar, brick, mud and iron sheets (mabati) leaving little, if any, environmentally sustainable open spaces for public use. Along with the hunger for land acquisition and development came what was derisively christened “land grabbing” which was essentially alienation of land reserved for public purposes for private use and development through dubious means. Our Courts became inundated with land disputes which still continue to haunt the country as alternative means of resolving them continue to be explore…

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