Kakamega County to pay man Sh200,000 for trespass

The building that houses the headquarters of Kakamega County. [File, Standard]

The Kakamega county government has been ordered to pay a villager, Wilson Shivachi Masheti Sh200,000 for encroaching on his land during the construction of a feeder road in Ikolomani constituency. 

Justice Dalmus Ohungo of the Environment and Land Court in Kakamega also issued a permanent injunction against further encroachment on Masheti's land by the county. 

“The court awards Masheti Sh200,000 in general damages for trespass, Machete has sought a permanent injunction against the county, I am persuaded that a case has been made for granting the permanent injunction,” said Ohungo.

The Judge ordered the county to pay suit cost. The case has been in court since May 2017. 

Masheti, the registered proprietor of the land parcels in question, Kakamega/Iguhu/1109, Idakho/Iguhu/1986, and Kakamega/Iguhu/1690, claimed damages resulting from encroachment and destruction of crops and trees. 

During the proceedings, he presented compelling evidence, including title deeds, valuation reports, and witness testimonies, establishing his ownership of the land and the encroachment by the defendants.  

A retired Ward Agricultural Officer  Patrick Mudeshi Shitakwa testified to the damages incurred, while licensed practicing valuer Fred Juma Aduda provided expert analysis supporting Masheti's claims. 

In a rebuttal, the county attempted to refute the allegations but their arguments fell short in the face of the overwhelming evidence presented by the petitioner and his legal team. 

Nicholas Lusava, the Kakamega county surveyor testified that Masheti did not have a surveyor on site and could not confirm that there was damage to crops and trees since he visited the site about three years after the date of the alleged encroachment.

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