NAIROBI, KENYA: A retired Judge Benna Lutta has been awarded over Sh 850 million compensation by the high court over illegal encroachment of his land by the government and villagers in Trans Nzoia County.
High court judge Isaac Lenaola also awarded the retired judge Sh 850 million as special damages, Sh 3 million general damages and Sh 30 million for equipment, tools, animals and farm equipment that were destroyed when goons forcefully ejected the judge and his employees from the farm.
Lenaola took issue with the government of failing to uphold the constitution and protect the judge's right to ownership of property by going ahead and building a chief's camp, a primary and secondary school in the disputed land.
"This is indeed a sad and distressing petition. It is not expected that the state, in this age and time and with a robust constitution such as ours can actively participate in acts of impunity such as the forceful take over of personal property without due compensation. The take over has lasted 30 years and that makes the said action all the more disturbing," said Lenaola in his verdict.
Lutta who sued the government through his company, Anargherry Limited had moved to court seeking compensation and accused the government of failing to evict people who had forcefully grabbed his land in 1983.
The judge added that he had moved to court the same year and had been granted orders to have the people evicted from his 1,756 acre parcel of land in Endebes in Kitale but the government had failed to effect the orders.
Lutta had also submitted in court that former lands Minister James Orengo after hearing his complaint had written a letter dated March 3 2010 and acknowledged that the government had indirectly acquired land and had recommended his compensation.
