Judge awarded Sh40m for unlawful eviction from prime plot

Chief Justice David Maraga (left) accompanied by Environment and Lands Court judge Justice Sila Munyao (centre) and Chief Registrar of the Judiciary Anne Amadi (right) during their visit at Nakuru Children's court. [Kipsang Joseph/Standard]

A Nakuru-based Judge and his wife have been awarded Sh40.5 million as compensation for land unlawfully taken from them by the County Government of Kakamega.

The county has in addition been ordered to pay Justice Sila Munyao and his wife Linda Chepkorir Ruto Sh2.4 million as costs they incurred in erecting a perimeter wall around the half an acre parcel of land. The wall was demolished by people hired by the devolved unit.

The couple was also awarded Sh60,000 special damages as costs incurred in the valuation of the land alongside the costs of the petition and interest accrued from the date of filing the petition.

Kakamega Environment and Lands Court Judge Nelly Matheka indicated in her judgement that the county government forcibly took possession of the couple’s land located within the Central Business District (CBD) and adjacent to Bukhungu Stadium without compensation.

Justice Matheka noted that the respondents contravened the Constitution and the provisions of the Fair Administrative Actions Act with actions that amount to forcible eviction and denying them the right to own property.

She observed that the couple is jointly the sole proprietor of the leasehold title for the land, Kakamega/Municipality Block 111/7 having bought the same on November 22, 2011. The land's current value is Sh42.9 million.

The couple moved to court last December protesting the actions of the county government to demolish a perimeter wall and subsequently fencing off the land to seem it was an extension of the Stadium.

The court heard that Justice Munyao and his wife continued to religiously pay land rates even after the same was encroached by the respondents.