A Lands Court has awarded Kes. 300 million to the Gatabaki family as compensation for land the government illegally acquired for the construction of the Northern Bypass.
Justice Ogutu Mboya ruled that the family is entitled to fair compensation, as the Kenya Urban Roads Authority (KURA) and the National Land Commission (NLC) trespassed on their property.
The judge pointed out that the bypass has been operational since 2010, depriving the family of the ability to benefit from their land.
“In this regard, there is no gainsaying that the petitioners have been denied and deprived of the right to use and benefit from the said property,” stated Justice Mboya.
Represented by Senior Counsel Paul Muite, the Gatabaki family argued that they never received formal notification about the compulsory acquisition of their land.
The judge emphasized the importance of notifying landowners of any intention to compulsorily acquire property, criticizing KURA for advancing the road construction without adequately acquiring the land or compensating the family. He deemed this a violation of their rights.
As a remedy, the judge directed the NLC to initiate the compulsory acquisition process within sixty days from Thursday, September 26.
“The compensation arising from the compulsory acquisition shall be payable in addition to the award of general damages and exemplary damages,” he added.
Court Dismisses Kes.1.8 B Claim
Justice Mboya, however, dismissed the family’s claim for Kes.1.8 billion as compensation for the 16.3 acres of land they alleged was lost due to the road construction. The family contended that this amount represented the size of the property affected by the Northern Bypass.
In a further ruling that favored the government, the court determined that an 18-acre portion of the land constituted public land, thus not subject to compensation.
During the proceedings, Nancy Wanja Gatabaki testified that she and her late husband, Dr. Samuel Mundati Gatabaki, purchased the land in 1970. She informed the court that the government acquired the land without adhering to due process, asserting that neither she nor Dr. Gatabaki received notice of the intended compulsory acquisition.
In contrast, Ibrahim Jatani, the Deputy Director in charge of surveying at KURA, testified that the Northern Bypass was constructed on land that had been surrendered. He explained that once land is surrendered, it transitions into public property, relieving the government of any obligation to compensate.
Jatani further argued that surrendered land cannot be used as the basis for compulsory acquisition.
