The Gatabaki family is now voicing their frustrations. Nancy Wanja Gatabaki, the current landowner, claims that they have not received the Ksh. 300 million compensation awarded by the court. As private developers encroach on the 206-acre plot she acquired in 1955, the Gatabaki family’s cry for help underscores a deeper issue of land rights and legal recourse in Kenya.
Background: The Northern Bypass, a vital infrastructure project aimed at decongesting Nairobi’s traffic, involved the acquisition of numerous parcels of land. The Gatabaki family’s 206-acre plot was among those targeted for the project, ostensibly to pave the way for better road connectivity in the city. However, the legality of how this land was acquired has been called into question, leading to a prolonged battle for compensation.
Nancy Wanja Gatabaki’s frustration is palpable as she recounts the ordeal her family has faced since the land was taken. “I’ve never been paid a single penny,” she laments. “I have been to DCI when [George] Kinoti was there but nothing has happened.” The Gatabakis were hopeful that this situation would resolve with the appointment of a new Inspector General and the establishment of a task force to handle such cases. Yet, to date, there has been no progress.
Legal Backing and Government Oversight: In September 2024, Justice Ogutu Mboya ruled that the Gatabaki family was entitled to compensation. The court ordered that the Kenya Urban Roads Authority (KURA) and the National Land Commission (NLC) assess and compensate the family accordingly. However, the ruling seems to have had little impact on the ground. “The judge gave me an award. It was in the newspaper for damages, not for the land, and he said they should come and value the land,” Wanja recounts. “Till today nothing has happened.” This ruling highlighted the family’s entitlement to fair compensation but did not prompt the relevant bodies to take action.
Challenges in Compensation and Encroachment: The encroachment on the land by Chinese developers and other private entities has added a layer of complexity to the Gatabakis’ plight. “The DCI has come to my house telling me that I have 360 acres and I have sold some to Peter Kiarie Muraya,” Wanja says. “I asked them where, did we go to a lawyer?” She asserts that she has not sold any part of her land and that the confusion surrounding her property’s ownership is exacerbating the situation. This confusion points to potential lapses in land registry management and oversight, creating opportunities for fraudulent activities.
The encroachment has not only led to disputes over the land’s ownership but has also left the Gatabakis in a precarious position. The family now faces threats of losing their property without adequate compensation, which was intended to provide financial security following the loss of their land. This situation has caused significant stress for Wanja and her family, who see the land as a legacy and their only home.
The Role of Government and Public Intervention: The Gatabakis’ plight underscores the critical need for effective government intervention and oversight in land disputes. Nancy Wanja Gatabaki’s call for help reflects a wider frustration among Kenyans who feel neglected by the system, particularly when it comes to issues of land acquisition and compensation. “This is where we grew up; this is home. I don’t have another home,” she says. “My children also; this is their shagz. We request even the President to now step in and help us, this is a cry for help. My mom is a widow.” Her statement illustrates the emotional and social impact of unresolved land disputes on families.
The Ministry of Lands and the Kenya Urban Roads Authority must urgently intervene to ensure that the Gatabakis receive the compensation they are entitled to. The issue is not just about money; it’s about justice and the protection of individual property rights. The government must establish clear protocols for handling compensation cases and ensure transparency in dealings involving public and private lands.
Conclusion: The Gatabaki family’s struggle for compensation highlights the challenges faced by many Kenyans when it comes to land rights and justice. Their case is a reminder that legal victories often do not translate into real-world outcomes without effective implementation. The government’s role in this situation is crucial without swift and decisive action, families like the Gatabakis may continue to suffer from the consequences of unjust land acquisition. As the family pleads for help, their story is a call for stronger safeguards to protect property rights in Kenya, ensuring that such injustices do not recur.
In the wake of this ongoing dispute, the hope remains that with the right intervention, the Gatabakis will finally receive the compensation they deserve, providing closure to a painful chapter in their lives.
