The Star (Nairobi)

8 April 2012

Kenya: Former Minister to Be Paid Sh29 Million

THE Meru Municipal Council, Tana Water Services and Meru Water Sewerage Services will appeal against a tribunal ruling that they pay a former cabinet minister Sh29 million for encroaching on his plot in Meru town.

Former Imenti MP Kabeere Mbijiwe lodged a complaint against the three organisations with the Water Appeal Board in 2008 and was awarded Sh29 million as damages, split among the three.

In the award, Meru Municipal Council is to pay Mbijiwe Sh9 million for being the author and perpetrator of fraudulent and willful misrepresentation relating to the acquisition of the plot.

"The council is liable for punitive and exemplary damages at Sh428,571 each year from 1990 to date. This is a fair rate of compensation owing to the gravity and persistent misrepresentation, longevity of time and its resultant deprivation of use of the suit property to the appellant," part of the ruling reads.

The Tana Water Services is to pay Sh2.5 million for being the licensor to Mewass and recipient of share profits of 9 per cent from the sale of water and sewerage water supplied from the suit property.

Mewass is to pay Sh21 million for being in actual and physical control of the plot from where the services are supplied to residents of Meru town for gain.

"We find at 30 per cent of the annual profit from 2002 to date a Sh4,250,830 each year because Mewass is responsible for management of the plant," the ruling reads.

The three organisations are preparing to appeal the ruling in the High Court Mbijiwe said the Meru Municipal Council took advantage of his long illness to give out his plot which is in a residential area.

However the municipal council disputed the allegations saying Mbijiwe was given another plot at Gakoromone as compensation for his land at Milimani area which he accepted.

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