A widow and her son have lost a Sh250 million compensation claim from the government for the demolition of their properties near Moi Air Base in Eastleigh, Nairobi 10 years ago.
Ms Esther Njeri wanted to be paid Sh196.9 million while son Charles Kinyua sought a compensation of Sh54.4 million.
Their houses were brought down in November 2011 when the government demolished all structures around the airbase to guarantee the safety of military aircraft.
They filed a case in court arguing that the demolitions were done without any warning or notice. They contended that the acts of the then Ministry of State for Provincial and Internal Security and the then Ministry of State for Defence were illegal, unjustified and abuse of power.
But judge Bernard Eboso dimissed the case on grounds the mother and son did not prove their case against the government.
He found there was no evidence to demonstrate that the demolished structures were duly approved and lawfully existed.
He also noted that the Attorney- General (AG) was sued on behalf of the two ministries. The judge said for liability to attach against the AG, the plaintiffs were obligated to demonstrate that the demolished structures were duly approved, lawfully existed, and should not have been removed by the government.
"They have not discharged that obligation. In the circumstances, the court does not have a proper basis for holding the Attorney-General liable for the removal of the structures," he said.
He however stated that the case was a direct result of failures on part of regulatory State agencies.
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