Tribunal orders KPA to pay Tudor Creek Ltd over unlawful land acquisition
In its ruling, the Tribunal ordered KPA to pay Tudor Creek Ltd Sh80.7 million for the unlawfully acquired land and Sh81.6 million for injurious affection.
The Land Acquisition Tribunal has ordered the Kenya Ports Authority (KPA) to compensate Tudor Creek Limited more than Sh180 million for the unlawful takeover of its beachfront property in Mombasa.
In a judgment delivered on September 4, 2025, the Tribunal found that both the National Land Commission (NLC) and KPA violated the company's constitutional rights by acquiring and occupying 0.628 hectares of its land without due process.
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The contested parcel, LR No. MN/VI/4158 at Port Reitz was initially earmarked for a sugar refinery project, with the company banking on its 258-metre ocean frontage to import and process raw sugar.
According to the complainant, the land was lawfully acquired in 2008, free of encumbrances. However, parts of it were absorbed into the Mombasa Port Area Development Project involving port expansion and transport infrastructure.
Though an NLC award letter in 2016 valued part of the land at Sh171 million, compensation was never paid, and the complainant argued the remaining portion was rendered commercially useless.
A joint survey confirmed that 0.628 hectares had been affected—more than the 0.08 hectares cited in a 2025 gazette notice.
The Tribunal held that KPA reclaimed the entire ocean frontage, destroying the land's strategic value and amounting to unlawful deprivation.
In its ruling, the Tribunal ordered KPA to pay Tudor Creek Ltd Sh80.7 million for the unlawfully acquired land and Sh81.6 million for injurious affection.
The authority must also pay general damages of Sh20 million per year from June 2012 until full settlement, plus Sh5 million in aggravated damages. Interest will accrue at Central Bank base rates from 2012.
"The sequence of the matters in this case and the long period of violation demonstrate the impunity with which the officers of the 4th Respondent acted," the judgment stated.
The Tribunal further ordered KPA to bear the full costs of the suit.
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