Waitiki loses case against Kenya Power

A property owner who sold 930 acres in Likoni to the government to settle squatters has lost a case against Kenya Power.

Mr Evanson Waitiki had sued the company for trespass.

Lady Justice Ann Omollo of the Environment and Land Court on Thursday struck out the case on the basis that his claim could not be sustained against the power company due to the settlement he had made with the government.

“The effect of the settlement having regularised what was previously an action of trespass; the plaintiff’s claim cannot be sustained against the defendant due to that settlement,” said Justice Omollo.

In January, President Uhuru Kenyatta issued title deeds to squatters residing on the once controversial land situated in Likoni.

The judge said it was public knowledge and that she took judicial notice that Mr Waitiki admitted that the land had been purchased by the government.

The judge noted that if the squatters were no longer called trespassers but landowners, she did not see why Kenya Power’s infrastructure would still amount to trespass.

“In my opinion, the transaction between the plaintiff (Mr Waitiki) and the government compromised the suit,” said Justice Omollo.

Mr Waitiki had filed the case against the then Kenya Power and Lighting Company in May 2012.

But according to the company, Mr Waitiki, while aware of existing electric infrastructure on his land, successfully negotiated a one-off purchase of the land by the government.

It argued that there was reason to believe that Mr Waitiki had been fully paid and adequately compensated by the government.