The Gatabaki family now says the state is yet to pay them the Sh300 million awarded by the court after a section of their land was taken for the construction of the Northern Bypass.
Justice Ogutu Mboya on September 23, 2024, ruled that the family is entitled to fair compensation, as the Kenya Urban Roads Authority (KURA) and the National Land Commission (NLC) trespassed on their property.
The judge pointed out that the bypass has been operational since 2010, depriving the family of the ability to benefit from their land.
“In this regard, there is no gainsaying that the petitioners have been denied and deprived of the right to use and benefit from the said property,” stated Justice Mboya.
However, close to three months after the judgment, the family says it has not received the awarded money.
90-year-old Nancy Wanja Gatabaki, the widow of Dr Samuel Mundati Gatabaki, in an interview raised concerns that her property is on the risk of being encroached by unknown private developers.
She said that the prime parcel is still hers since it has not been lawfully acquired by anyone else.
“I have not sold any part of my land. It was 206 acres. I have not received any payment for the 16.6 acres used for the Northern Bypass; the other person on the other side was paid. I have been to the DCI even during Kinoti’s time but nothing has happened,” Gatabaki said.
Her daughters Josephine Beatrice Gathoni and Susan Esther Wangari said that they had to relocate to help their mother get justice.
They pleaded with President William Ruto to intervene and help them get justice.
“This is where we grew up, this is home. I don’t have another home. We request event the President to intervene and help us get justice. My mom is a widow, this ius a cry for justice,” Gathoni said.
While delivering the judgement, Justice Ogutu emphasized the importance of notifying landowners of any intention to compulsorily acquire property.
