[Source: Daily Nation, by Joseph Wangui]
An ex-inmate has lost a claim of Sh45 million against the government for compulsory acquisition of his land when he was in prison, part of which was used to construct the Southern Bypass.
Wangai Gacheru was dealt a blow after Justice Lucy Gacheru of the Thika Environment and Lands Court said his petition was not only time barred, but also an abuse of the court process and an afterthought.
The two plots that Mr Wangai was laying claim to were acquired by the Ministry of Roads in 1972, during the proposed realignment for Dagoreti-Kikuyu, Wangige-Ndenderu road (Southern bypass).
At that time, Mr Wangai was serving a jail term at Shimo la Tewa Prison for an offence of robbery with violence.
Upon his release from prison in 1985, Mr Wangai found one plot utilisable by road construction. It had been excavated and left with steep sections and gulleys.
However, the court found that he had failed to provide evidence that he did anything to agitate for his right to ownership of the land immediately after leaving prison.
In 2016, Mr Wangai wrote a demand letter to the Kenya National Highways Authority (Kenha) and later made an inquiry to the office of the Ombudsman.
“From 1985 to 2016 was a period of over 30 years and the petitioner has not explained what prevented him from filing a petition then, or appealing under the Land Acquisition Act, Subsidiary Legislation. The petitioner decided to come to court after a decision to construct the Southern Bypass had been made,” said Justice Gacheru.
She insisted that justice is a two way traffic and it must apply to both the petitioner and the respondents.
On whether there was compulsory acquisition of Mr Wangai’s plots and if so, whether the same was procedurally done, the evidence showed that one of the parcels (Muguga/Gitaru/T260) was already a road reserve.
Therefore the government could not compulsory acquire it.
Justice Gacheru ruled that Mr Wangai had been wrongly issued with a title deed for the land in a road reserve and that is the reason why he was eligible for compensation of Sh62.
[Full article: Daily Nation, by Joseph Wangui]
