The petitioners had urged court to declare that their land was compulsorily acquired by National Irrigations Board for purposes of public interest.
The Irrigations Board through its secretary Dennis Aroka opposed the petition and asked court to dismiss it.
The court found that the land was not compulsorily acquired since they were approached, compensated gradually and others offered alternative land.
A section of Kirinyaga County residents have lost a court suit seeking to nullify the valuation of their 560-acre land to pave way for construction of Sh20-billion Thiba Dam.
The petitioners had urged court to declare that their land was compulsorily acquired by National Irrigations Board for purposes of public interest.
They also protested that National Land Commission (NLC) abdicated its constitutional and statutory duty over private land acquisition as enshrined in the constitution.
The Irrigation Board, through its secretary Dennis Aroka, opposed the petition and asked court to dismiss it.
The Attorney-General and the NLC also objected to the petition saying the national government is legally mandated to compulsorily acquire land on behalf of public bodies.
Petitioners maintained that they were owners of the various parcels of land whose title deeds were with the Irrigation Board having been compulsorily acquired for purposes of the dam construction.
It was their case that they were yet to be paid a total of Sh2,332,831,367.30 which is due to them.
“The valuation conducted was illegal, unlawful and a nullity in law and also violated the Constitution by failing to consider the principles of intra-generational and intergenerational equity. Our right to property was violated,” the court heard.
However, Mr Aroka replied that in 2003 the Irrigation Board embarked on a scheme to rehabilitate, revitalise and expand the Mwea Irrigation Project, which was to affect more than 299 parcels of land.
He said the families were to be compensated for their land, crops and other developments based on valuation done.
Alternative land
Mr Aroka said the families surrendered their lands and have already been compensated while others were in the process and that others were allocated alternative land.
The court found that the land was not compulsorily acquired since they were approached, compensated gradually and others offered alternative land.
Judge Olao found that the residents appeared before the Gichugu Land Control Board and consented to the transfers.
It emerged that those who have not received their payment in full plus the 15 per cent disturbance allowance are those whose parcels of land have succession issues in court and those with family disputes.
The judge also ruled that the residents’ constitutional rights have not been affected. He said the petition did not have merit.
