DEMOLITION OF PROPERTY

Nairobi county ordered to pay Sh5 million to businessman

Judge Bor rules that Nyakundi should be compensated the amount for loss of his property

In Summary
  • Nyakundi had sued Nairobi county and Anne Khasoa, who at the time was the chairperson of Savannah Jua Kali Association
  • The county however denied issuing a letter of allotment of the suit property to Nyakundi or approving his development plans

A court has ordered Nairobi city county to pay a businessman Sh5 million for illegal demolition of his property.

Judge Kossy Bor ruled that Charles Nyakundi should be compensated the amount for the loss of his property.

“On general damages, the plaintiff did not submit the amount that the court ought to consider. Taking into account the demolished property and the loss and inconvenience caused to the plaintiff, the court is of the view that an award of Sh5,000,000 is fair compensation. The plaintiff is awarded the costs of the suit which shall be borne by the first defendant, which the Nairobi county,” the judge ruled.

Nyakundi had sued Nairobi county and Anne Khasoa, who at the time was the chairperson of Savannah Jua Kali Association, over plot number D5B/Block 82/1765/1767.

He sought a permanent injunction to restrain the defendants or their agents from entering, taking possession, demolishing, damaging, alienating and or in any other way interfering with the suit property.

He also sought a declaration that he is the legal owner of the suit property and wanted general damages and special damages of Sh38.6 million.

Nyakundi alleged that on or about March 25, 2010 and May 2, 2010, the county  acting in collusion with Khasoa illegally demolished school buildings which housed over 300 students.

The county however denied issuing a letter of allotment of the suit property to Nyakundi. It also denied approving Nyakundi’s development plans.

Nairobi county averred that Nyakundi’s occupation of the suit property was illegal and that construction on the property was done irregularly.