Kenya Railways to pay woman Sh45 million for demolishing her property

A bulldozer demolishes a house as Kenya Railways Corporation evicted families in Nakuru's Section 58 Estate. [Kennedy Gachuhi, Standard]

KRC said any structures built on the 'Visibility Diamond' without the necessary approval, ought to be removed as they are a danger to the level crossing and would not be entitled to any compensation.

The court noted that KRC, despite alleging that the suit property is within the "Visibility Diamond", did not produce any evidence to demonstrate the same.

"The defendant (KRC) has committed a grave injustice to the Plaintiff and there is no doubt in my mind that the plaintiff has made a case for compensation for the demolition of the suit property," ruled the court.

The judge noted that the conduct of KRC, which is a government department, was completely unwarranted.

"It was not only oppressive and arbitrary but violated the plaintiff's right to property as enshrined under Article 40 of the Constitution of Kenya, 2010. The demolition carried out by the defendants is akin to unconstitutional action by the servants of the government," read the judgment in part.

In the case, Wamuhu sought general and exemplary damages for trespass on her property, Nakuru Municipality Block 6/141. She also demanded special damages amounting to Sh132,500,000, being the value of the buildings demolished and the machinery destroyed on the property.

Wamuhu also demanded lost rent accruing from the parcel of land known as Nakuru Municipality Block 6/141 from the date of demolition to the date of termination of the leases over the property.

Eventually, the court awarded the woman Sh3 million as general damages for trespass on her property, Sh5 million as exemplary damages for trespass and Sh37.5 million as special damages which are the buildings' value, including site works demolished.