The Kenya Airports Authority (KAA) has been ordered to pay Sh84 million for a 1.2-acre parcel of land it illegally fenced off near the Moi International Airport, Mombasa.
Environment and Land Court Judge Nelly Awori Matheka said the compulsory acquisition of the land owned by Abeid Awadh and Omar Khamis without full compensation was a violation of their rights.
“This court finds that the actions of KAA of compulsorily acquiring the land were unconstitutional. There was a violation of the petitioners’ right to property and they are entitled to remedies,” Justice Matheka said.
Justice Matheka ruled that from the evidence presented, it is evident that KAA has been on the land since the year 1978. The two land owners are executors of the will of Omar Bin Khamis and had, apart from KAA also sued the Attorney General.
“It is evident that the first respondent (KAA) was well aware that the late Omar Bin Khamis was following up on the suit premises (land),” said Justice Matheka.
The court noted that KAA’s managing director wrote to him (Bin Khamis) on February 19 2004 requesting documentation for inquisition as to how land not meant for acquisition was fenced off.
In addition to the letter, the court noted that KAA was in touch with a law firm representing the petitioners in August 2014 requesting a supply of similar documents and promising to revert to KAA.
“Despite being aware of the situation at hand, the respondent (KAA) did not demonstrate to the court that they made further inquiries into their encroachment of the land since they became aware of the petitioners' predicament,” ruled Justice Matheka.
The court heard that the Commissioner of Lands compulsorily acquired two acres of land on May 13 1978 and paid compensation to the petitioners.
However, the court was told that KAA took possession and vested an additional 1.288 acres of the land and that the encroachment of the petitioners' land without full and just compensation was a violation of the right to property.
