NAIROBI, Kenya Mar 3 – The High Court has awarded former Taita-Taveta MP Basil Criticos Sh30 million in damages after finding that the State violated his constitutional right to property.
In a detailed judgment, the court ruled that Criticos was unlawfully deprived of his property contrary to Article 40 of the Constitution of Kenya, which guarantees protection of the right to own and enjoy property.
The court awarded Sh20 million in general damages for the constitutional violation and an additional Sh10 million in exemplary and aggravated damages, holding the respondents liable for both their actions and inaction.
Estate invasion and destruction
Criticos told the court that between 1998 and 2000, thousands of people invaded his sisal estates. Despite repeated pleas to government authorities, no effective action was taken to remove them.
He testified that during the unrest, his sisal factory was burned down and 4,400 acres of sisal destroyed between 1998 and 1999, causing what he described as catastrophic financial losses. About 1,600 permanent employees lost their jobs, while thousands of casual labourers were left without livelihoods. He further claimed he was ultimately forced to flee the county for his safety.
Criticos also alleged that after publicly protesting the invasions, he was dismissed from his position as Assistant Minister for Roads and Public Works.
Failure to resettle squatters
The former legislator argued that he had, in 1991, sold 23,400 acres to the Settlement Fund Trustees specifically for the resettlement of squatters. However, the State allegedly failed to relocate them to that land.
Instead, he claimed, government agencies facilitated settlement on his charged property by extending electricity, constructing roads, rehabilitating canals and installing water pipelines through Constituency Development Fund projects actions he argued effectively legitimised the occupation.
The court heard that orders issued in 2005 and 2006 directing the removal of installations from the land were never enforced. Police allegedly failed to act even after being served with court orders and provided with lists identifying those occupying the land.
Court’s findings
In its determination, the court held that the respondents’ conduct including failure to enforce court orders amounted to a clear infringement of Criticos’ constitutional rights.
While Criticos had sought Sh100 million in compensation, arguing that the invasions rendered him unable to service a Sh100 million loan secured against the property, the court declined to award the full amount. He told the court the loan was to be repaid through proceeds from subdivided land, but he had to seek a court order to compel the Land Control Board to approve the subdivision.
He also requested that the Government Valuer be compelled to assess Land Reference numbers 6731 and 6732, saying he lacked the financial capacity to commission a private valuation.
The court emphasised that constitutional damages are primarily vindicatory — meant to affirm rights and deter future violations rather than purely punitive. It concluded that Sh20 million in general damages and Sh10 million in exemplary damages constituted fair and proportionate compensation.
Significantly, the court noted that the respondents did not file any responses or affidavits to rebut the allegations. No evidence was tendered to justify the impugned actions or omissions.
The judge held that the failure to contest serious constitutional claims effectively left the petitioner’s evidence unchallenged.
