The National Land Commission (NLC) has been ordered to pay a Nyeri family Sh230 million for the compulsory acquisition of its 54.6-hectare land that has hosted an agriculture demonstration and research farm since 1957.
The family of colonial-era chief Wambugu Mathangani has been pushing for higher compensation for the land for more than a decade, having been earlier offered Sh145.6 million for the land following the expiry of a 50-year lease, after which the government sought to purchase the property outright.
The land, commonly known as Wambugu Farm is in the outskirts of Nyeri town, and is used as a Farmer’s Training Centre by the Ministry of Agriculture.
In a judgment that brought to an end a 13-year pursuit of justice for the family, Nyeri Environment and Land Court judge, James Olola said the Commissioner of Lands, as he then was, made an arbitral decision in the assessment of the land and the previous valuation did not amount to just compensation.
“The respondent is hereby directed to award and pay to the Appellant the sum of Sh200 million as just compensation for the suit land. The respondent is hereby directed to award and pay to the Appellant the sum of Sh30 million as just compensation for the buildings and improvements made on the suit land,” read the court’s judgment on April 27, 2023.
The appellant, Ephraim Kariuki Wambugu, filed an appeal on May 18, 2008, against the award of Sh145.6 million as compensation for the compulsory acquisition of the land.
The NLC is now the current respondent in this case, as it has the constitutional mandate to compulsorily acquire and compensate private land.
Mr Wambugu is the chairman of the Trustees of the Wambugu Mathangani family and also a beneficiary of the suit land.
He presented to the court two valuation reports done by Terracentre Management Valuers and Wilson Valuers and Estate Agents, which valued the land at Sh427.6 million and Sh439.8 million respectively.
The National Land Commission did not file a response to the appeal.
