The High Court has ordered the government to compensate former Taita Taveta MP Basil Criticos. Judges directed the state to pay Ksh30 million for destruction of his sisal farm.
The ruling, delivered on Tuesday March 3, held authorities accountable for failing to protect his property. The court found that state agencies neglected their constitutional duty during the invasions.
Thousands of people invaded the expansive sisal farm in 1998 and 1999. The attackers destroyed about 4,400 acres of sisal and damaged factory infrastructure.
The destruction crippled operations and disrupted large-scale agricultural production in Taita Taveta. Nearly 1,600 employees lost their jobs after the invasion halted business activities.
Court Finds Government Negligence
Judges ruled that authorities could have prevented the large-scale destruction through timely intervention. The bench stressed that government agencies must safeguard private property during unrest.
The court awarded Ksh20 million as general damages for economic losses. It added Ksh10 million as exemplary and aggravated damages against the state.
Land issues intensified after the 99-year lease on the property expired. Criticos claimed officials under Daniel arap Moi declined to renew it.
He argued that refusal to renew the lease worsened already severe business setbacks. The court acknowledged that prolonged disputes deepened financial strain.
Failure to Enforce Earlier Orders
Judges referenced earlier directives requiring removal of illegal structures on the land. Authorities allegedly failed to implement those court orders effectively.
The ruling criticized this lack of enforcement and stressed strict compliance with judicial decisions. Judges noted that inaction prolonged occupation and financial damage.
Criticos told the court that destruction collapsed his revenue streams entirely. He said mounting debts accumulated after operations ceased.
He argued that government inaction crippled his ability to service financial obligations. The court recognized long-term economic consequences linked to the invasion.
Land Sale to William Ruto
In 2022, Criticos disclosed selling 2,536 acres in Mata in 2017. The buyer was William Ruto, who then served as Deputy President.
Ruto stated that Criticos transferred part of the land after assistance settling debts. The loan involved the Agricultural Finance Corporation.
“I am also a Mata elder because I helped the former Taveta MP settle his loan at AFC,” Ruto stated publicly. He added that Criticos later gave him a portion of the land.
The judgment reinforces constitutional protections for private property rights in Kenya. It signals that state negligence during civil disturbances attracts financial liability.
Although compensation cannot restore destroyed agricultural operations, it delivers formal judicial recognition of wrongdoing. The government must now comply fully with the High Court directive.
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