State to pay Sh2.5m for illegally occupying woman’s land

By Caroline Rwenji

Limuru, Kenya: The Government will pay a land owner Sh2.5 million as compensation for taking her land illegally 30 years ago.

The quarter acre in Limuru, belonging to Isabel Wathira Njoroge, was taken by the Ministry of State for Provincial Administration and Internal Security in 1984.

However, Justice Lucy Gacheru found that the ministry failed to compensate her appropriately as laid out by the law. She further ordered that they vacate the land.

Ms Njoroge filed a petition seeking compensation and named the Ministry of Internal Security, the Attorney General, the County Council and County Government of Kiambu as respondents.

The court heard that she surrendered her title deed to the ministry and stopped farming on the land in 1984.

The provincial administration and Kenya Police then set up a police post and chief’s camp on the piece of land after the compulsory acquisition.

Justice Gacheru noted that the said compensation took too long and when asked to vacate, they refused to do so.

“The petitioner averred that the respondents have failed to follow the laid down procedure in acquiring the subject property as stipulated in article 40 of the Vonstitution. The petitioner has also been deprived of the benefit of using the land for her economic gain,” the judge said in her judgement.

Right procedure

She noted that the right procedure for compulsory acquisition was not followed and Ms Njoroge was not compensated promptly as required and had her tile deed returned in 2001.

“The respondents are in wrongful occupation of the petitioner’s land, since the title deed was returned to her in 2001,” Justice Gacheru.

She therefore found that the ministry and its staff were not entitled to be on the land and ordered the respondents to vacate.

She was further awarded Sh2 million as compensation for being deprived of her land for the past 30 years and Sh500, 000 in general damages.