LAKE FRONT ROW

Victims of Lwang'ni beach demolitions awarded Sh76m

The two were affected by the demolition done in August 8, 2019

In Summary
  • The two Amina Achieng Ochieng of Lwang'ni and Tilapia Beach Resort Limited were awarded Sh27 million and Sh49 million respectively.
  • During the hearing, Kenya Railways claimed that various businesses had encroached into their parcel of land and the tittle deeds they had were irregular.
Stalls razed on Lwang'ni Beach, Kisumu county
Stalls razed on Lwang'ni Beach, Kisumu county
Image: FAITH MATETE

The High Court in Kisumu court has awarded Sh76 million to two victims of demolitions of eateries on the shores of Lake Victoria in Kisumu.

The two Amina Achieng Ochieng of Lwang'ni and Tilapia Beach Resort Limited were awarded Sh27 million and Sh49 million respectively.

The Land and Environment Court Judge Anthony Ombwayo awarded Amina for the destruction of her facility while Tilapia Beach was awarded for the value of lost assets.

The Judge, however, said that the complaints did not prove ownership of the parcels and could not be awarded damages.

The two were affected by the demolition done in August 8, 2019. 

They sued Kenya Ports Authority, Kenya Railways Corporation, Kisumu county and the Attorney General.

The two faulted the manner in which government agencies brought down their structures.

Amina claimed she was not given an eviction notice prior to the demolitions.

On Thursday during the ruling Ombwayo faulted the manner in which the demolitions were done.

Ombwayo said that the victims were not provided with adequate notice.

He said before demolitions are conducted, people should be given at least three-months notice.

Amina told the court that the parcel of land belonged to her and she was the registered owner of the property.

She said she build the hotel and she had been paying the land rates.

She therefore sought for Sh108 million for losses, Sh27 million for the value of her property and an additional Sh20 million spent on renovations.

Tilapia Beach limited on its part claimed a loss of Sh104 million.

During the hearing, Kenya Railways claimed that various businesses had encroached into their parcel of land and the tittle deeds they had were irregular.

While maintain that the land was theres through their advocates,  the corporation asked the court to dismiss the case because the petitioners did not prove how they acquired the parcels.

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