Thogoto farmers lose Sh304m compensation case against state

A self help group in Thogoto, Kikuyu has suffered a setback after the Lands Tribunal declined to award them compensation for a piece of land allegedly acquired by the government for the construction of the Nairobi Southern Bypass.

The tribunal chaired by Dr Nabil Orina said the case as filed by officials of Thogoto Self Help Group does not prove any unprocedural compulsory acquisition as alleged.

"There is also no doubt that the instant suit doesn't prove ownership by the complainants as alleged. The same has left us gropping in the dark with little help from the pleadings. The fate of dismissal is the only appropriate remedy," said the Tribunal.

The self help group filed the matter before the tribunal claiming they have been peacefully enjoying the property since before independence.

They claimed to have been formally allocated the property on January 24, 2014.

They said they used to farm on the land until the government allegedly compulsorily acquired a portion of the parcel of land at Thirime for construction of the bypass.

The acquisition, they said, was allegedly done without compensation despite them demanding for the same.

As a result, they asked the Tribunal for compensation to the tune of Sh305 million for loss of land among other issues.

But in a brief rejoinder, the National Lands Commission (NLC) said the property was not among those earmarked for acquisition.

Doricah Buyaki, the commission's acting director of valuation and taxation, swore an affidavit saying the piece of land was not identified for purposes of acquisition by them or their predecessor.

"The property of a portion of it was never acquired on behalf of any public body to warrant compensation," she told the tribunal.

The tribunal in determining the matter said from the evidence produced before it, the self help group has no valid title to the property.

"Further the evidence presented as evidence of ownership merely proves that they are in the process of being allocated the property after making an application in 2009," the tribunal said.

The tribunal explained that even if the group had been allocated the property, which wasn't the case as yet, the same would not be evidence of ownership as they would be required to take further steps before a certificate of title is issued.

"It is also evident from the application for allocation that the complainants were not even in occupation of the suit property at the time of application," tribunal chair Dr Orina said.