- Justice Ogutu Mboya said the family was entitled to suitable compensation
- The judge took into account that the bypass road has been in place since 2010
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A Lands Court has awarded Sh300 million to the Gatabaki family as compensation for their land that was illegally acquired by the government for the construction of the Northern Bypass.
Justice Ogutu Mboya said the family was entitled to suitable compensation since the government in particular Kenya Urban Roads Authority (KURA) and National Land Commission (NLC) trespassed on their land.
The judge took into account that the bypass road has been in place since 2010, with the effect being denying the family benefits from the said property.
"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," said the Judge.
The family through Senior counsel Paul Muite had argued in their case that they were never given any formal notice of compulsory acquisition.
The land was acquired during the construction of the Northern Bypass.
The Judge took this into account saying due caution must always be taken to ensure that the owner of a land is notified of the intention to compulsory acquire.
He faulted Kura for proceeding to construct the road without compulsory acquiring the land and compensating the family.
This, he said, was a violation of their rights.
He subsequently directed the NLC to commence the process of compulsory acquisition of the land within sixty days from today.
"The compensation arising from the compulsory acquisition shall be payable in addition to the award of general damages and exemplary damages," said the Judge.
He at the same time dismissed a claim for compensation of Sh1.8 billion sought by the family for the 16.3 acres of land.
The family had claimed this was the size of the land they lost as a result of the road construction.
The government also secured a win in the case after the court ruled that a portion of the land 18 acres was public land.
In the case, Dr. Samuel Mundati Gatabaki (deceased) and Nancy Wanja Gatabaki said they purchased the land in 1970.
Nancy told the court that the land was compulsorily acquired without due process of the law being followed.
She testified in the case saying neither Dr. Samuel Mundati Gatabaki nor herself was notified of the intended compulsory acquisition.
But the Deputy director in charge of the survey at Kura Ibrahim Jatani testified in the case saying that the Northern Bypass was constructed on the portion of land which had been surrendered.
It was his testimony that once land is surrendered, the same becomes public land and hence the government cannot be called upon to make compensation for what has been surrendered.
It was the further testimony of the witness that once land is surrendered, same [such land] becomes public property and same cannot therefore be the basis of compulsory acquisition