- The family, through its 12 members, wishes to receive a sum of 90,720,000 shillings, plus punitive damages of 15 million shillings for the acquisition of their land.
A family from Nyeri has been taken to court to seek compensation of 105 million shillings from the local county government for the compulsory acquisition of their land 42 years ago.
The family, through its 12 members, wishes to receive a sum of 90,720,000 shillings, plus punitive damages of 15 million shillings for the acquisition of their land.
They claim that the former city council forcibly took over the property without due process and without payment of compensation.
In the petition filed with the Land and Environment Court, the family claim that in 1979, the late Nyeri City Council alienated land belonging to its late patriarch Chege Kamau Gathoka in the village of Aguthi / Gatitu and l ‘acquired without compensating him.
The former city council then established a wastewater treatment plant on the land, which is now under the control and use of the Nyeri Water & Sewerage Company Ltd (Nyewasco).
However, before the hearing began, the court removed the water company from its participation in the dispute following a finding that Nyewasco and its operations on the subject property are licensed and under the county government authority.
“The main question to be decided is whether the alienation or forcible takeover of the property of the suit by the predecessor under the county government was unconstitutional and illegal,” Judge Yuvinalis Angima said in ruling on a Nyewasco’s request seeking to be struck off. of the case.
The court also noted that the government headed by Governor Mutahi Kahiga did not deny delegating its statutory functions of providing water and sanitation services to Nyewasco.