Four Brave Families Beat Govt in Ksh10 Billion Case

Four families of Daniel Mwangi, Pauline Mwongela, Sayeed Mushtaq and Afzalkhan Rahimkhan, whose land was lost to the government forty years ago will be paid billions in compensation.

Mombasa Court of Appeal rejected an appeal by the attorney general to overturn a landmark award of Ksh10 billion to the families for the land situated in Diani.

According to The Standard, the four families bought the land at Ksh140,000 in March 1978, only for the state to revoke their title deeds and transfer it to a private firm linked to powerful individuals in former President Jomo Kenyatta's administration.

Ardhi House, Lands ministry headquarters

The 328.5 acres of land situated in Diani houses; Diani Beach Hotel, Leisure Lodge, Diani Reef Beach Resort, Southern Palms Hotel, Swahili Beach Resort, Diani Shopping Complex, former Nakumatt Diani mall, Diani Beach Hospital, and Diani Dispensary.

On July 5, 2012, administrators of the estates of Afzalkan Rahimkhan and the three other families sued the chief lands registrar, attorney general and commissioner of lands, bringing to a near-end the protracted 40-year land battle.

The families that were represented by lawyer Asli Osman of Ahmednasir, Abdikadir & Company advocates won the case in June 2017, and were awarded Sh9.88 billion. 

The judge who heard the case ruled that the state had infringed on the constitutional rights of the families, thus entitled them to compensation.

Justice Eric Ogola proceeded to award the families an additional Ksh60 million in damages, the for loss of the property's productivity, physical, mental and psychological torture.

However, the court of appeal judges partially overturned the ruling in the award of Ksh60 million, following an appeal by the AG. 

Judges Alnasir Vishram, Gatembu Kairu, and Agnes Murgor of the Court of Appeal directed the lower court to reassess the compensation amount.

The four families bought the land in March 1978, only for the state to revoke the title deed and award it to a firm linked to powerful individuals in Jomo Kenyatta's government.
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