Court orders State to pay former judge Sh883m over grabbed land

The High Court has ordered the government to pay former judge Benna Wamukoya Lutta Sh883 million for the grabbing of his land in Trans Nzoia 30 years ago.

Justice Isaac Lenaola, in his judgment, said the former appellate judge’s rights to property were breached when government agents and members of the Sabaot community took away his land.

Justice Lenaola said the former judge is entitled to own his land.

(Read: Judge wants his ‘grabbed’ land back)

For the breach of his rights, retired judge Lutta was awarded Sh3 million, Sh850 million as compensation for his grabbed land while Sh30 million was given for destruction of his farm machinery and equipment, among other awards.

The former East African Court of Appeal judge had sued the government demanding more than Sh1 billion in damages and interest accrued after he was evicted from his farm in 1983.

ORDERS IGNORED

Justice Lutta has been pursuing his rights for three decades. State-sanctioned thugs invaded his farm in 1983 and evicted him, his family and workers and occupied the land, he claimed.

The government ignored orders asking police to remove the invaders and later acquired the 1,756 acres without compensating him, he claimed.

The retired judge had sought special damages of Sh1,078,184,000 for the loss of his land, Sh2.1 million for the loss of use of his property and Sh30 million as the value of the destroyed property. He also wanted Sh200 million as compensation for violation of his constitutional rights.

Justice Lutta formed a company — Arna Agherry Limited — in 1970 for commercial farming. In 1977, he purchased from Lands Limited, a company owned by a parastatal, two parcels of land measuring 1,756 acres in Endebess, Trans Nzoia County.

He settled with his family on the land and embarked on farming.