Kenyan Taxpayers To Pay Man Ksh 17.3 Billion After Locals Invaded His Land

The Court of Appeal has issued a landmark ruling directing the government to compensate businessman and investor Peter Mwai Njeru a sum of Ksh.17.3 billion for failing to protect his vast 22,465-acre property, Twiga Farm, in Narok County, from encroachment by the local community.

This case, which has dragged on for decades, highlights a protracted legal battle over land ownership, the role of the government in safeguarding private property, and the delicate balance between historical land claims and individual property rights. The dispute dates back to 1977 when Mr. Njeru legally purchased the expansive parcel of land. However, despite holding legal title to the property, he was embroiled in a long and arduous struggle to maintain ownership and control of Twiga Farm.

According to court records, Mr. Njeru’s troubles began in 1988 when members of the local community began encroaching on his land, eventually seizing it from his control. He alleged that the encroachment was not just a matter of informal settlements expanding onto his land but was carried out with the tacit approval and, in some cases, active support of law enforcement authorities. Despite his efforts to seek state intervention to remove the unlawful occupiers, his appeals fell on deaf ears, leading to a prolonged period of dispossession.

Read Also: Kenya Boasts Over 970 Identified Mineral Resources Worth Trillions That The Political Class Is Looting Silently: Time To Account For Our Wealth

Over the years, the legal battle moved through various stages, with Mr. Njeru persistently seeking justice and restitution. The case exposed the systemic challenges of land disputes in Kenya, where historical grievances, population pressures, and alleged government inaction often complicate land ownership rights. Mr. Njeru argued that the government had a constitutional and legal duty to safeguard private property and uphold the rule of law by ensuring rightful owners retained access to their land.

The Court of Appeal, in its ruling, upheld Mr. Njeru’s claims and placed the burden of responsibility squarely on the government for failing to take necessary measures to protect his legally acquired land from unlawful occupation. The compensation amount of Ksh.17.3 billion was determined based on the current market value of the land, estimated at Ksh.770,000 per acre. The ruling underscores the significant financial implications of government negligence in land protection and is expected to set a precedent for future land-related disputes involving private investors and the state.

Legal analysts view this ruling as a major victory for property rights and a stern warning to authorities about the need to enforce land laws and prevent unlawful land invasions. The judgment is likely to have far-reaching implications, not only for Mr. Njeru but also for other landowners who have faced similar challenges in reclaiming their property from illegal occupation.

With the Court of Appeal’s decision now rendered, the focus shifts to the government’s response. It remains to be seen whether the state will comply with the ruling and make the necessary compensation payment or whether it will challenge the verdict at the Supreme Court. Either way, this case serves as a stark reminder of the enduring complexities surrounding land ownership in Kenya and the long-term consequences of failing to uphold property rights.

Read Also: Why Kenya Must Nationalize Her Mining Industry Activities Today