A Kisumu court has awarded Sh76 million to two victims of the demolitions of Tilapia and Lwang'gni beaches in Kisumu in 2019.
Amina Achieng Ochieng and Tilapia Beach Resort Limited were awarded Sh27 million and Sh 49 million respectively.
Amina was awarded for the destruction of her facility while Tilapia Beach Resort Limited is to be paid for lost assets.
The two were affected by the demolition carried out on August 8, 2019.
They went to court and sued Kenya Ports Authority, Kenya Railways Corporation, the County Government of Kisumu as well as the Attorney General.
The two faulted the manner in which the various government agencies, including the county government, brought down their structures.
Amina claimed she was not given a notice of eviction before the demolitions were effected, alleging malice.
On Thursday during the ruling, the Land and Environment Court Judge Anthony Ombwayo faulted the manner in which the demolitions were done.
Ombwayo noted that the victims were not provided with adequate notice.
He said before demolitions are conducted, people should be given at least three-months notice.
In the suit, Amina had told the court that the parcel belonged to her .She was the registered owner of the property where she built the hotel and had a lease for the property.She,at the same time,had been paying land rates.
She therefore sought for Sh108 million in 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.
The two plaintiffs sought for an additional Sh180 million and Sh170 million respectively for general damages.
During the hearing, Kenya Railways claimed that various businesses had encroached into their parcel of land and the title deeds they had were irregular.
While maintaining that the land was theirs through their advocates, the corporation asked the court to dismiss the case because the petitioners did not prove how they acquired the parcel of land.
Judge Ombwayo ruled that the plaintiffs did not prove ownership of the parcels and could not be awarded damages.
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