The government has been ordered to pay Christine Kubai, widow of freedom fighter Fred Kubai, Ksh500 million as compensation for acquiring her land and erecting a public hospital.
According to Environment and Land Court Judge, Mwangi Njoroge, Christine is the registered owner of the 10-acre piece of land in Naivasha, Nakuru county, that was acquired by the government.
Further, the Judge noted that there lacked evidence proving that the land was transferred to the government.
“The government and the Ministry of Health’s action of taking possession of her land amounted to trespass and gross violation of her rights to own property."
"They had no right to interfere with her possession of the land without following the right procedure of compulsory acquisition,” the Judge ruled.
Justice Njoroge further considered that it would be against the public interest to order the demolition of Maai Mahiu Health Centre since it has been in existence for over 25 years, hence settled on compensation in order to strike a balance on both sides.
In addition to the Ksh500 million, the Judge directed the government to pay another Ksh20 million over trespassing charges from 1993 to date.
According to Christine's argument, her attempts to solve the matter were futile after she constantly visited several government offices to no avail.
“She has clearly established that she owns the land. On the other hand, the Ministry of Health has failed to demonstrate that her title has any defect that would invalidate her claim or that they purchased the property or compulsorily acquired it through the right procedure,” the Judge stated.
The compensation amount was arrived upon after the Judge deemed that the disputed land is located within the town centre hence the prime property would be sold for a decent amount according to the current market value rate.
