An Environment and Land Relations Court has ordered the government to compensate widow of Kapenguria Six hero Fred Kubai, Mama Christine Kubai, a sum of Sh520 million for forcibly taking her land to put up a hospital.
Wife of Kapenguria 6 hero Fred Kubai to receive Sh520M
The courts ordered Christine Kubai to also be awarded an extra Sh20 million as compensation
Justice Mwangi Njoroge, in his ruling, said that Christine Kubai is the legitimate owner of the ten-acre piece of land in Naivasha where a health facility now stands, adding that the construction of the hospital equaled trespass of her property.
“The government and the Ministry of Health’s action of taking possession of her land amounted to trespass and gross violation of her rights to own property.
"They had no right to interfere with her possession of the land without following the right procedure of compulsory acquisition,” ruled Njoroge.
The court ruled that the Attorney General, the Ministry of Health and the County Government of Nakuru where the land lies commence the process of compensation to prevent the demolition of the hospital which has been in operation since 1993.
Citing that the hospital had been on the property for 28 years and serves a public interest, Justice Njoroge explained that the land could not be repossessed.
In 2014, Christine Kubai was charged for forging a national identity card as well as changing her name from Christine Gakuhi Kiragu to Christina Gakuhi Kubai in order to claim freedom fighter Fred Kubai’s property.
The late Kubai’s children told the court that Christine was a maid to their father and were never husband and wife adding that she forged a will entitling the late Kubai’s estate to herself.
The court however ruled in favour of Christine saying that Kubai’s children could not re-awaken the succession case by charging her for forgery.
Fred Kubai was among the Kapenguria Six detainees who were prisoned for seven years after the colonial administration declared a state of emergency that led to their arrest.
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