The Lands Court awards Ksh 300 million to the Gatabaki family for land illegally acquired by the government for the Northern Bypass.
Statehouse chief economic advisor ๐๐ฎ๐๐ถ๐ฑ ๐ก๐ฑ๐ถ๐ถ is married to ๐ ๐๐ฒ๐ป๐ฑ๐ฒ ๐๐ฎ๐๐ฎ๐ฏ๐ฎ๐ธ๐ถ. Mwende Gatabaki is the daughter of ๐ฆ๐ฒ๐ป๐ถ๐ผ๐ฟ ๐๐ต๐ถ๐ฒ๐ณ ๐ฃ๐ฒ๐๐ฒ๐ฟ ๐๐ฎ๐๐ฎ๐ฏ๐ฎ๐ธ๐ถ ๐ผ๐ณ ๐ง๐ต๐ฎ๐ธ๐๐ฎ, a former MP for Githunguri.
Mwende Gatabaki has a brother, ๐ก๐ท๐ฒ๐ต๐ ๐๐ฎ๐๐ฎ๐ฏ๐ฎ๐ธ๐ถ, who was also an MP for Githunguri.
Njehu Gatabaki is married to a sister of ๐๐ฎ๐๐ถ๐ฑ ๐ ๐๐ฟ๐ฎ๐๐ต๐ฒ.
The Gatabaki family was awarded Ksh300 million in compensation for the property that the government illegally took for the Northern Bypass, according to the Environment and Lands Court.
The Kenya Urban Roads Authority (KURA) and the National Property Commission (NLC) trespassed on the family’s property, leading Justice Ogutu Mboya to declare the family entitled to appropriate compensation.
In his ruling, the court said that the bypass route had been in operation since 2010, which had the effect of preventing the family from receiving benefits from the land in question.
The judge said, “In this regard, there is no gainsaying that the petitioners have been denied and deprived of the right to use and benefit from the aforementioned property.”
“There is no disputing this statement.”
Paul Muite, the family’s senior counsel, had contended in their case that they had never received any official notice of compulsory purchase. This was the family’s position.
During the construction of the Northern Bypass, the government acquired the land.
The judge criticised KURA for moving on with the construction of the road without first seizing the property in a coercive manner and before paying the family.
In his opinion, this is an infringement on their rights.
