Court awards businessman Sh250m for election violence losses
Sugarcane being loaded to a tractor on a farm in Mabanga village, Bungoma County before being transported to Nzoia Sugar Company. In his budget speech, Treasury Cabinet Secretary Henry Rotich abolished the sugar development levy in his recent budget speech. PHOTO | JARED NYATAYA | NATION MEDIA GROUP
What you need to know:
Mr Harjit Pandhal Singh leased 1,000 acres, which were part of Kiptegat Farm that belongs to the Agricultural Development Co-operation.
The businessman entered into a five-year lease agreement with the ADC during which he would use the property to grow sugarcane for sale to a local sugar company.
But since the property was also a charitable trust land, it had also been awarded to squatters who lived on it.
A businessman has been awarded Sh250 million compensation for losses suffered during the 2007/08 post-election violence.
Mr Harjit Pandhal Singh leased 1,000 acres, which were part of Kiptegat Farm that belongs to the Agricultural Development Co-operation (ADC).
The businessman entered into a five-year lease agreement with the ADC during which he would use the property to grow sugarcane for sale to a local sugar company.
But since the property was also a charitable trust land, it had also been awarded to squatters who lived on it.
It was then agreed that Mr Singh would continue farming without necessarily having to remove the squatters. He went ahead to request to be enjoined with the squatters so that both could use the land during the lease period.
The ADC was to ensure that since the squatters could not be removed from the land, they would not trespass on the businessman’s properties.
However, during the post-election chaos, the squatters invaded, looted and destroyed Mr Singh’s property, including his sugarcane crop valued at Sh120 million, buildings (Sh150 million), tractors and other items worth Sh10 million.
In September 2009, Mr Singh sued ADC and the Attorney-General, claiming Sh145 million for the losses following the bungled presidential election in December 2007.
The ADC would file its defence on September 29, 2009, denying the claims before the plaintiff filed an amended complaint on June 15, 2012.
According to the trader, ADC breached an agreement to ensure the squatters did not interfere with his property during the lease period.
Mr Singh told court that the agency kicked him out of the land before the expiry of the lease citing a presidential order settle squatters on the land.
The businessman said the invaders prevented him from regaining access to the land after he was forcefully evicted.
They also took over his property and sugarcane, which they have been harvesting and selling.
And on Monday, High Court Judge Justice Antony Ombwayo awarded the businessman Sh150 million for the losses he suffered and an additional Sh100 million as profits accrued during the losses.
