Environment and Lands Court has awarded Gatabaki family a compensation of Ksh300 million for their land that was illegally acquired by the government for the construction of the Northern Bypass.
According to Justice Ogutu Mboya, the family was entitled to suitable compensation since the Kenya Urban Roads Authority (KURA) and National Land Commission (NLC) trespassed on their land.
The judge said that the bypass road has been in place since 2010, with the effect being denying the family benefits from the said property.
“In this regard, there is no gainsaying that the petitioners have been denied and deprived of the right to use and benefit from the said property,” said the Judge.
The family through Senior counsel Paul Muite had argued in their case that they were never given any formal notice of compulsory acquisition.
The land was acquired during the construction of the Northern Bypass.
The Judge faulted KURA for proceeding to construct the road without compulsory acquiring the land and compensating the family.
This, he said, was a violation of their rights.
