The judge arrived at the colossal figure after pricing each of the 328.5 acres at Sh30 million. [Photo/ mpasho.co.ke]
The High Court has awarded the family of Mombasa entrepreneur Afzalkhan Rahimkhan Sh9.9 billion in compensation for unlawful purchase of their 328.5 piece of land in Diani, Kwale.
Mombasa High Court Judge Eric Ogola ordered for the payout after establishing government officials had collaborated with a private firm to illegally acquire the land.The judge arrived at the colossal figure after pricing each of the 328.5 acres at Sh30 million. Records at the Registrar of Lands indicate the land has been subdivided among hundreds of individuals making it hard to recover in one piece.Rahimkhan’s children had moved to court to sue the Chief Lands Registrar, the Attorney General and the Commissioner of Lands, seeking compensation for the land transferred to Kasika Developers in 1978. Rahimkhan died in 1991 in the course of the fight with the government over the land’s ownership.“This property was illegally taken away from the petitioners. The takeover was carefully designed, and was effected with utmost impunity. Even after that takeover, the Chief Land Registrar did not bother to rectify the title to reflect the takeover. Those were mighty forces, and the petitioners could not do anything about this. The petitioners’ rights were violated and a wrong done does not rot,” Judge Ogola ruled.“Since their claim is based on valuation per acre, this court is satisfied that the petitioners are entitled to be compensated at the market rate of Sh30 million per acre for 328.5 acres.”Rahimkhan’s children had in their petition alleged their father was arrested, detained and tortured to exert pressure on him to surrender the land. He fled to Tanzania where he died.