Court orders NLC to pay Sh187 million compensation to ranch over SGR land acquisition
In its ruling, the court found that NLC had acted negligently and fraudulently by awarding compensation to individuals who were not legally entitled to receive it.
The Environment and Land Court has directed the National Land Commission (NLC) to compensate Kishamba “B” Group Ranch with Sh187.6 million plus interest for the compulsory acquisition of 12.5 hectares of its land for the construction of the Standard Gauge Railway (SGR) nearly a decade ago.
In its ruling, the court found that NLC had acted negligently and fraudulently by awarding compensation to individuals who were not legally entitled to receive it.
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Justice Edward Wabwoto, sitting in Voi, stated that the payments were made despite opposition from the ranch’s officials, who had raised concerns about the legitimacy of those receiving the money.
“The court finds that the actions of the first respondent (NLC) were negligent and amounted to a violation of the petitioner’s (Kishamba ‘B’ Group Ranch) rights,” he ruled.
The land in question, identified as Parcel No. L/R 13590 Title No. Sagalla/Kishamba “B” in Taita Taveta County was taken over for the railway project, but the rightful owners were left uncompensated.
The court established that despite numerous letters sent by the ranch officials to demand their rightful dues, their grievances were ignored.
The judge noted that NLC failed to respond to the petition, did not file written submissions, and did not attend court proceedings despite being notified about the case.
As a result, the court held that the commission must take full responsibility for ensuring the compensation is paid fairly and promptly.
Justice Wabwoto noted that the land acquisition process was completed without Kishamba “B” Group Ranch receiving the required payment, an action he described as unlawful.
He ruled that NLC must bear full responsibility for rectifying the matter and ensuring justice for the ranch members.
After years of waiting for justice, Kishamba “B” Group Ranch is now set to receive compensation, as ordered by the court, for the loss of its land to the railway project.
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