Demolitions: State only compensates owners of property acquired legally

According to property laws, the Government must compensate — at market rates — registered property owners whose investments are acquired or demolished for development.

Therefore, it is wise to engage a certified valuer to value the property at current market rates and have a valuation report upon receiving demolition notice from the State.

The Government often compensates legally registered owners at market rates when property is either demolished or repossessed for public development. Owners who feel that the compensation is below their expectations can move to the High Court to seek orders for their rights.

The Bill of rights under Article 40 of the Constitution provides for protection of right to private property.
Legally, private land is that held under freehold has a title deed — or leasehold — has a lease.

The rights, however, do not extend to owners who unlawfully acquired the repossessed or demolished property. Provisions may, however, be made for compensation to be paid to occupants in good faith and may not have title deeds.

Property owners can also go to court to stop the State from demolishing their buildings. Take the case of 29 residents of the posh Runda estate who moved to court to stop demolitions to pave way for the 21-kilometre Northern bypass.

The Kenya National Highways Authority and Kenya Urban Roads Authority told Lady Justice Mumbi Ngugi that the residents constructed palatial homes valued at over Sh2 billion on road reserves.

The High Court heard that the Government had issued notices warning the developers that they were building on a reserve meant for a public road. The case continues.

—The writer is an advocate of the High Court