Court Awards Basil Criticos Sh30 Million Over Sisal Estate Invasion
News Updated: 03 March 2026 16:52 EAT
Basil Criticos
The Environment and Land Court of Kenya has ordered the Government to pay former Basil Criticos Sh30 million in compensation for violating his constitutional right to property after squatters invaded his sisal estate between 1998 and 2000.
In a judgment delivered in Voi, the court found that State agencies failed to enforce lawful eviction orders and did not take adequate steps to protect the expansive sisal farm located in Taita Taveta County. The judge held that the prolonged inaction amounted to unconstitutional deprivation of property.
Court filings showed that the invasion affected thousands of acres of sisal plantation and led to destruction of crops, damage to a processing factory and disruption of operations. Criticos told the court he repeatedly sought police assistance and enforcement of court orders but received no effective intervention.
The former legislator had petitioned the court seeking Sh100 million in damages, arguing that the occupation caused significant financial losses and undermined his investment. The court, however, awarded Sh30 million after assessing the evidence presented.
The compensation comprises Sh20 million in general damages for breach of constitutional property rights and Sh10 million in exemplary damages, citing the State’s failure to uphold the rule of law and enforce valid court directives.
The State had opposed the petition, arguing that the matter was sub judice and that alternative remedies existed under land laws. The court dismissed those objections, ruling that the constitutional claim was properly before it and that delays in enforcement could not be excused.
The judgment underscores the legal principle that property rights are protected under Article 40 of the Constitution and that government agencies bear responsibility for safeguarding private land from unlawful occupation.
Legal analysts say the decision may set a precedent for similar claims involving land invasions and delayed enforcement of eviction orders, particularly in historically contested agricultural regions.
The Attorney General’s office has not publicly indicated whether it will appeal the ruling, which brings to a close a legal battle spanning more than two decades over the sisal estate dispute.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD