Mr Justice Benna Wamukoya Lutta has been pursuing his rights for three decades. State-sanctioned thugs invaded his farm in 1983 and evicted him, his family and workers and occupied the land, he claims.
The government ignored orders asking police to remove the invaders and later acquired the 1,756 acres without compensating him, he claims.
In a petition filed through Lubulellah & Associates Advocates on Thursday, the former judge accuses the government of sanctioning invasion of his private property and failing to protect his rights.
The retired judge seeks special damages of Sh1,078,184,000 for the loss of his land, Sh2.1 million for the loss of use of his property and Sh30 million as the value of the destroyed property. He also wants Sh200 million as compensation for violation of his constitutional rights.
Justice Lutta formed a company – Arna Agherry Limited – in 1970 for commercial farming. In 1977, he purchased from Lands Limited, a company owned by a parastatal, two parcels of land measuring 1,756 acres in Endebess, Trans-Nzoia County.
He settled with his family on the land and embarked on farming.
In 1983, he claims, gangsters invaded the farm, forcefully evicted his family and employees, destroyed houses, crops, looted equipment and stole animals.
He reported the invasion to Endebess Police Station, but the police neither investigated the matter nor arrested the invaders. He later realised that “top political and Provincial Administration officers” sanctioned the invasion.
Later, the government allegedly converted the land into public use and erected a police camp, government offices, two primary schools and deployed a sub-chief to serve the invaders.
Source: Daily Nation
