The Kenya National Highways Authority (KeNHA) has been directed to pay Ksh 20 million in damages for incorrectly marking an apartment for demolition.
In a case filed in 2010 before the Environment and Land Court in Nairobi, Mwaafa Court Limited sued KeNHA and the government of Kenya, arguing that the placement of “X” marks on an apartment along the Southern Bypass had caused panic among buyers and tenants.
KeNHA and the Attorney General were both named as respondents in the case.
In a decision delivered on March 19, Judge A. Omollo brought the case to a conclusion after more than 15 years in court. The court also dismissed KeNHA’s counterclaim and awarded costs of the suit to Mwaafa Court Limited.
“Therefore, for the inconveniences suffered, I find they are entitled to compensation. After taking note of the time it has taken to conclude this matter and the effect of the inflationary trends, I assess general damages payable to the Plaintiff at Ksh20,000,000 as moderate and reasonable,” the ruling read in part.
Other Issued Orders to KeNHA
In addition to the fine payment, the court issued a permanent injunction restraining the KeNHA, their agents and servants from trespassing, alienating, destroying, or demolishing the property known as L.R. No. 209/11629 and the apartments erected thereon.
It awarded general damages for loss of reputation, assessed at Ksh 20 million, payable within 30 days, with liberty to execute in default.
“General damages for loss of reputation assessed at Kshs 20,000,000 payable within 30 days hereof,” the court ordered.
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Dismissing the 1st defendant’s counterclaim with no order as to costs, the court awarded costs of the suit to the plaintiff together with interest on the general damages at the court rate from the date of judgment.
KeNHA Land Dispute Over Lang’ata Apartments in 15-Year Court Battle
Mwaafa Court Limited, the plaintiff against the Kenya National Highways Authority (KeNHA), filed a case stating that it developed 42 three-bedroom apartments and 18 two-bedroom apartments on the suit property after obtaining approvals and conducting due diligence.
The company argued that construction was complete and that several units had already been sold when the dispute arose.
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KeNHA, on its part, added that the property was located within a transport corridor reserved for the Southern Bypass and railway development under government planning documents.
It maintained that the land had been earmarked as a road reserve and that the structures were subject to demolition, seeking the cancellation of the title and the removal of the developments.
The dispute arose after KeNHA marked the property with an “X” in 2010, indicating demolition on claims of encroachment.
The plaintiff argued that the action affected ongoing sales, financing arrangements, and the apartments’ occupancy, leading to legal proceedings and claims for damages and protection of the property.
