[Source: The Standard, by Kamau Muthoni]
A judgment by the Court of Appeal has exposed the Government to pay claims by third party buyers of grabbed public land.
Although the judgment was not unanimous, justices William Ouko and Fatuma Sichale opened a window for anyone who bought land acquired by the State from other parties to challenge demolition and seek compensation.
According to the verdict, the Government will either compensate affected Runda residents to again acquire 20 metres of land to expand the Northern Bypass, which the estate has encroached, or build an overpass or underpass if it wants to use the contested section.
The case was initially before the High Court which had ordered Mimosa Estate to vacate from the road reserve.
However, the aggrieved residents appealed, arguing that they had done due diligence and records at the Lands ministry showed that the proposed road was 60 metres wide and not the claimed 80 metres.
Although the State had paid the original owners for the contested 80 metres of land, it will be forced to pay again to acquire the land to expand the bypass after the court found that proper steps were not taken during the process of compulsory acquisition.
Justice Sichale, in her verdict, said Government officials were to blame for not updating land records to indicate that the acquired land was 80 metres.
She said the Commissioner of Lands ought to have recalled the titles of the previous land owners and made changes.
The judge noted that a search at the Lands ministry by the current buyers had confirmed that the acquired land was 60 metres.
Justice Ouko, in his separate verdict, found there was no proof that the Government erected any marks on the suit property to identify the acquired portion.
According to the judge, a third party dealing with the properties in question, even after exercising due diligence, would never have known that there was prior Government interest in the land.
[Full article: The Standard, by Kamau Muthoni]
