State to pay Criticos Sh30 million for land invasion
Crime and Justice
By
Kamau Muthoni
| Mar 04, 2026
The government’s failure to kick out squatters from former Taita Taveta Member of Parliament Basil Criticos land has cost Kenyans Sh30 million.
Environment and Lands Court Judge Edward Wabwoto directed the government to pay Sh20 million as general damages for violation of his land rights and Sh10 million compensation for the continued breach.
Criticos was seeking Sh1.4 billion in compensation, arguing that he was unable to pay creditors.
Former Taveta MP Basil Criticos at his Machungwani farm in 2013 after it was invaded by squatters. [File Courtesy]
However, Justice Wabwoto said that he had factored in the precedent set by courts in arriving at the amount.
READ MORE
Murang'a Industrial park attracts 27 investors on Delmonte land
Uganda joins Kenya and Djibouti in Islamic insurance expansion
Enos Njeru makes a comeback at KTDA Holding
Inside reforms and risks of contract conversion for civil Service
The man financing Africa's cargo flow and missing link in trade boom
How high-value bee products can unlock millions for Kenyans
Importers fight state plan to use railway levy for loans
KBA sues regulator over 'illegal' bancassurance fee ban
Police, prison officers to benefit from 47,000 housing units plan
“ The respondents did not respond to the assertion of facts and evidence tendered by the Petitioner. The respondents did not provide any written reasons to justify the actions and accusations made against them. The actions of the respondents and or their officers amounted to an infringement and a violation of the petitioner’s rights,” the judge said.
The judge observed that between 1998 and 2000, thousands of persons invaded Criticos sisal estate, but state officials were silent despite spirited efforts for them to intervene.
In the case, Criticos told the court that squatters invaded his expansive land in 2006, but the government declined to kick them out despite court orders.
He further said that, without his consent, the Rural Electrification Authority proceeded to connect electricity to various squatters on the land, and roads have been constructed on the land by the government without his consent.
The former lawmaker told the court that he again got orders requiring the government to remove all the pipes on the land, an order which was not obeyed.
He stated that he wrote to World Vision on August 21, 2007, protesting that the agency had aided squatters who invaded the land under the food for work program, but it replied that they were under the government officials who were implementing the program.
Criticos said he also reported to the Ministry of State for Special Programmes, but he did not get an answer.
He lamented that since 1986, he has donated, sold, or been dispossessed of land equivalent to 39,524 acres within Taveta, which land is under the Settlement Land Trustees, and he could not understand the magnitude of victimisation being meted out to him.
The politician also said that no account has ever been given to show how many squatters have been resettled on the land and why no steps have been taken to transfer squatters from his present land to his former parcels of land.
According to him, the value of the land in the area in 2010 was Sh200,000 per acre.
On the other hand, the government urged the court to dismiss the case. It argued that Criticos was simply arguing court disobedience in the name of constitutional violations.
It asserted that he had not exhausted all alternatives to solve the issue as provided by the law.
“The petition is an abuse of the court process. The petition is seeking to enforce orders and or seek relief from orders arising in other matters and equally contempt proceedings against the respondent,” replied Attorney General, who represented the government in the case.
According to the AG, there was a clear process of evicting persons who had encroached on private property.