Former Taita Taveta MP Basil Criticos has secured a significant legal victory after the High Court ordered the government to compensate him Ksh30 million for the destruction of his sisal estate more than two decades ago.
In a judgment delivered on Tuesday, March 3, the court ruled that the State failed in its constitutional duty to safeguard Criticos’ property when thousands of people invaded his farm in 1998 and 1999. The invasion resulted in the destruction of approximately 4,400 acres of sisal plantation as well as his processing factory.
According to court findings, the damage had far-reaching economic consequences, including the loss of about 1,600 jobs. Criticos told the court that the incident devastated his business operations and ultimately forced him to leave the country.
The court awarded Ksh20 million in general damages and an additional Ksh10 million in exemplary and aggravated damages, citing the government’s inaction and failure to enforce earlier court directives ordering the removal of illegal structures erected on the land.
The dispute was further complicated by the expiry of Criticos’ 99-year lease. The former Assistant Minister for Roads and Public Works argued that the administration of former President Daniel arap Moi declined to renew the lease, worsening his financial difficulties.
In his petition, Criticos maintained that the destruction of his farm and the State’s failure to act left him unable to service mounting debts.
Separately, in 2022, President William Ruto disclosed that Criticos transferred to him over 2,500 acres in Mata in 2017 after he assisted the former MP in settling a loan owed to the Agricultural Finance Corporation.