Government to compensate family Sh7 million for forceful acquisition

Taxpayers will be forced to pay a man Sh7 million after the government failed to follow due process in acquisition of land.

The government acquired 11 acres of land belonging to John Macharia Mwangi where Silibwet Primary School in Nyandarua County stands.

High Court judge Mary Oundo ruled that the late Mwangi’s right to property under Article 40 of the Constitution had been violated by the government.

“Ultimately, I do award the plaintiff Sh4 million as the amount payable as compensation for compulsory acquisition of his parcel of land in 1965 as well as Sh2,915,000 as mesne profit. The amount to be paid by the National Government promptly as required by the Constitution,” read the judgment delivered on October 4.

Before his death, Mwangi had put loss of use incurred over the property at the rate of Sh5,000 per acre per year.

The calculations were to start from 1965 and Mwangi was demanding compensation for 11 acres which translated to a total of  Sh55,000 per year, meaning for 53 years the amount owed was Sh2,915,000.

Mwangi’s son Timothy Macharia who took over the matter after the death of his parents ultimately got letters of administration of the estate allowing him to fight for what rightfully belonged to them.

Mwangi had entered into an agreement with the school’s board to give them 11 acres of land in exchange for alternative land.

However, in a letter from the District Commissioner produced in court, the father was informed that there was no land available for compensation and asked him to pursue the matter with the government.

In her judgment, the judge said the DC’s letter to Mwangi confirmed that the land in question belonged to him. She ordered the title for the suit property be surrendered to government to avoid unjust enrichment.