A Nakuru-based Judge can now sigh in relief after a court ruled in his favour in a land tussle pitting him against the County Government of Kakamega.
Justice Sila Munyao had lost his half acre plot of land within Kakamega town after the county seized it in December last year, and proceeded to demolish a perimeter wall around it.
Justice Munyao and his wife Linda Chepkorir told Kakamega Environment and Lands Court Judge Nelly Matheka that they acquired the property, registered Municipality Block 111/7, on November 22, 2011.
The judge, in her ruling, found that the two were wrongfully evicted from their property in contravention to the law.
Consequently, she ordered that the county compensate them Sh40.5 million for the land, and another Sh2.4 million as cost incurred after demolition of the perimeter wall.
She further awarded them Sh60,000 as special damages cost. This referring to costs incurred in valuation of the land and interest accrued since the date of filing the petition.
The couple had accused the county of later fencing off the land to make it look like part of the neighbouring Bukhungu Stadium.
They said they have still been paying land rates even after being pushed out of the property.