Reprieve for former Assistant Minister Basil Criticos as State ordered to pay him Sh30m

Former Assistant Minister Basil Criticos got a reprieve after the Environment and Land Court (ELC) ordered the state to compensate him a total of Sh30 million in relation to invasion of his land by squatters in Taveta.

In a case that has spanned for almost over 20 years in court, the ELC issued a declaration that Mr Criticos has been deprived of his constitutional rights contrary to the provisions of Article 40 of the constitution (on the right to acquire and own property). 

The ELC ordered that Mr Criticos, who is also a former Member of Parliament for Taveta, to be compensated Sh20 million as general damages for violation of his rights and further Sh10 million for exemplary and aggravated damages.

Mr Criticos had sued the Attorney General, the then Commissioner of Police and the Minister for State in the Office of the President (respondents).

Justice Edward Wabwoto, of the ELC at Voi, ruled that the respondents did not respond to the assertion of facts and evidence tendered by Mr Criticos.

“The respondents did not provide any written reasons to justify the actions and accusations made against them.  The actions of the respondents or its officers amounted to an infringement and a violation of Mr Criticos’s rights.

The court noted that as submitted by Mr Criticos, his case was premised on breach of fundamental rights to protect his right to property and failure to obey court orders issued.

It said that no evidence had been adduced by the respondents to demonstrate compliance with express orders of the court that were issued on September 13, 2005.

Justice Wabwoto noted that failure to file an affidavit to rebut breaches of fundamental rights can only be deemed to amount to an admission of facts where strong allegations are made and subsequently proved by affidavit evidence to support them.

“Having determined the said issue and the evidence tendered, it is the finding of this court that indeed the petition is merited, and the petitioner has been able to demonstrate that the actions of the respondents amounted to a violation of his constitutional rights,” ruled the court.

In his case, Mr Criticos had argued that between 1998-2000, thousand of people invaded his sisal estates and no steps were taken by State officials to remove them despite his request.

He claimed that following his protestations over the invasion of his properties, he was sacked from his position as Assistant Minister for Roads and Public Works and that senior state officials in government encouraged the invasions of private land.

Mr Criticos also argued in his petition that following the destruction of his property about 1,600 people employed in his farms were rendered destitute and the services of thousands of casual workers were terminated. 

According to the petitioner the State and other public bodies aided and abetted the invasion of his land by connecting electricity to squatters’ homestead, construction of public roads on his private land and rehabilitation of water canals to ease irrigation for the squatters.

The petitioner argued that the inaction of the State in evicting the squatters amounted to compulsory acquisition of his land.

On their part, the respondents argued that the petition was an abuse of the court process and that it sought to enforce orders or seek reliefs from orders arising in other matters.

They also argued that the guiding principles for the procedure and process of eviction in private land in Kenya have been provided under Sections 152 (B) and (E) of the Land (Amended) Act and there have been no compliance to them.