A Garissa businessman and his four associates have won a case against the state over the ownership of an expansive public land.
In her ruling, Nyeri courts Justice Daniel Musinga dismissed an application by the office of the Attorney General over the land, which was being used for military activities.
The jurist upheld an earlier decision of Environment and Lands Court to award the businessmen Sh1.5 million as damages.
The court also barred the Ministry of defense against interfering with the parcel that used to be occupied by the Garissa Military Camp.
“Further, the applicants had not filed a draft memorandum of appeal to demonstrate that the intended appeal had any chances of success,” said Justice Musinga in his ruling.
On his part, State Counsel Motari Matunda said the land legally belongs to the government, adding that the case was a matter of public interest hence should be handled with the seriousness it deserves.
The State had substantial grounds of appeal and the Defence Ministry, Attorney General (AG) and the public would suffer irreparable loss if the decision is not overturned.
He also said that the failure to notify his team denied them a chance to know what was likely to happen in the long run.