Thogoto Farmers Lose Sh304 Million Compensation Case Against State

A self-help group in Thogoto, Kikuyu, has lost a high-stakes compensation case against the state after the Lands Tribunal dismissed their claim for Sh304 million. The Thogoto Self Help Group had filed a case seeking compensation for a parcel of land they allege was acquired by the government without due process for the construction of the Nairobi Southern Bypass.

The group claimed to have peacefully occupied the property since before Kenya’s independence and argued that they were formally allocated the land on January 24, 2014. According to their petition, they used the land for farming until the government allegedly compulsorily acquired a portion of the land at Thirime without offering compensation, prompting them to seek legal redress.

The group’s argument was based on their assertion that they had a rightful claim to the property and that the government’s acquisition of the land was unprocedural. They demanded compensation of Sh305 million for the loss of their land, alleging that the state had not followed the appropriate legal processes in acquiring the property.

However, the Lands Tribunal, chaired by Dr. Nabil Orina, dismissed their case. In its ruling, the tribunal stated that the officials of the Thogoto Self Help Group had not sufficiently proven that there had been an unprocedural compulsory acquisition of the land by the government. Dr. Orina emphasized that the case as presented did not establish ownership of the land by the group, nor did it demonstrate any irregularities in the government’s acquisition process.

“There is also no doubt that the instant suit doesn’t prove ownership by the complainants as alleged. The same has left us groping in the dark with little help from the pleadings. The fate of dismissal is the only appropriate remedy,” said Dr. Orina in his ruling.

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The National Lands Commission (NLC), represented by Doricah Buyaki, the acting director of valuation and taxation, had also contested the group’s claims. In her affidavit, Buyaki stated that the land in question was not identified for acquisition by the NLC or any predecessor bodies. “The property or a portion of it was never acquired on behalf of any public body to warrant compensation,” Buyaki told the tribunal.

The tribunal further noted that the evidence presented by the Thogoto Self Help Group did not confirm ownership of the land. It was revealed that while the group had applied for the land allocation in 2009, the application process had not been completed. Even if the land had been allocated, it would not have amounted to legal ownership as further steps, including the issuance of a certificate of title, were necessary.

“Further, the evidence presented as evidence of ownership merely proves that they are in the process of being allocated the property after making an application in 2009,” the tribunal said. “It is also evident from the application for allocation that the complainants were not even in occupation of the suit property at the time of application.”

The tribunal concluded that without a valid title or any evidence of completed allocation, the self-help group’s claims were insufficient to warrant compensation. The case underscores the complexities of land ownership and the challenges faced by individuals and groups in proving legal claims to properties, particularly in cases involving alleged historical occupation.

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For the Thogoto Self Help Group, the ruling represents a significant setback in their efforts to secure compensation for the land they believed was wrongfully acquired by the government. As land ownership disputes continue to be a contentious issue in Kenya, this case highlights the critical importance of having clear and legally recognized documentation to support claims of property ownership.