The Kenyan Government has been ordered to pay Ksh.45 million in compensation following the unlawful property demolition belonging to Monica Wamuhu.
In a court ruling, Environment and Lands Court judge Lynette Omollo said Kenya Railways Corporation (KRC) – a state-owned company trespassed on Wamuhu’s property.
Wamuhu moved to court on November 23, 2023 – in a case that has taken three years for justice to take its cause.
“The defendant (KRC) has committed a grave injustice to the Plaintiff, and there is no doubt in my mind that the plaintiff has made a case for compensation for the demolition of the suit property,” ruled Judge Omollo.
In its defense, KRC stated that there is a mandatory legal requirement for the maintenance of ‘Visibility Diamond.’
Visibility Diamond in line with KRC, stretches 300 feet in each of the four directions along the diagonals of the railway crossing.
The court ruled that KRC did not produce any evidence to demonstrate the same.
“It was not only oppressive and arbitrary but violated the Plaintiff’s right to property. The demolition is akin to unconstitutional action by the servants of government.” The court ruled.