ODM ministers insist demolitions to go on

By PETER ORENGO
Cabinet ministers James Orengo and Franklin Bett insist that the planned seizure of land under the compulsory acquisition order is as good as done, save for compensation levels.
The two, who addressed a joint news conference in Nairobi, contradicted Government Spokesman Dr Alfred Mutua, who reports to the Head of Civil Service and communicates what is supposed to be the position of the presidency on public affairs.
They also conceded that the "acquisition of some of the sections would be too expensive to the Government and a huge burden to the tax-payer." This is ostensibly because many are going business concerns with heavy capital investment in the range of billions of shillings.
Mutua had put up a public communication statement in his website saying that the intended seizure of land — which starts next to the Standard Group Centre and which seeks to have it reduced to rubble — was an old plan that had since been overtaken by events.

Standard Group Deputy Chairman and Chief Strategist Paul Melly (left) with other stakeholders whose businesses would be affected in the planned demolition address news conference at the group offices in Mombasa Road. [PHOTO: ANDREW KILONZI/STANDARD]

"There should not be any panic because the Government does not intend to pull down some of the new developments on the highway,’’ said Mutua, implying that the process would still go on, albeit targeting fewer buildings.
Bett and Orengo further outrageously claimed that the businesses on portions of land that the State has earmarked for the expansion of Mombasa Road and Waiyaki Way and which are targeted for destruction were built on strategic positions in anticipation of compensation when the highways are modernised.
It seemed not to matter to the ministers that some of the affected buildings targeted, such as the ultra-modern Standard Group Centre, the home of The Standard newspapers, KTN television and Radio Maisha, were constructed way before 2008 when the State came up with its new map.
Small pieces of land
The Lands and Roads ministers, who are both from Prime Minister Raila Odinga’s wing of the Grand Coalition Cabinet, were also silent on why the relevant arms of Government gave the requisite clearance papers for the constructions of the building and why the seizure recognises the legitimacy of the titles, hence the offer for compensation.
Bett and Orengo also appeared to cast aspersions on the operators of the multi-billion businesses that stand to lose if the demolitions are carried out by insinuating that they built close to the perimeter fence next to the road for speculative purposes.
"There is no order for demolition, it is only an intention to acquire land. In any case, we are going to excise a small piece of land,’’ claimed Bett adding that it targets only 1.363 ha of the land on which the Standard Group sits on. What he did not say is that the said acreage hosts two-thirds of the Standard Group complex.

EXECUTORS: Lands minister James Orengo (centre), PS Dorothy Angote and Roads minister Franklin Bett study a map showing buildings targeted for demolition in a road expansion exercise they vow must go on. Stakeholders have objected to the compulsory acquisition, which Government Spokesman Alfred Mutua says has been overtaken by events and will be shelved. [PHOTO: BONIFACE OKENDO/ STANDARD]

It was then that Orengo threw in the line that the property owners left out the rear side and built on the edges next to the road in anticipation of compensation. "The issue of review is only pertaining to the level of compensation. There is no other review or turning back on the plans," he added. "We cannot make any apologies as a Government if we want to build infrastructure. Review will only depend on the amount of compensation we will give out."
Bett then claimed: "We do not know what happened because somebody started building with intention of getting compensation."
About five hours earlier, Government Spokesman Mutua had told a news conference: "A review of the acquisition notices is currently being undertaken by the concerned ministries and details will be made public in due course." But Orengo and Bett were emphatic that the property owners, especially the Standard Group, were up to "some mischief".
Long negotiations
Mutua said the Kenya Gazette Notice indicated a 2006 plan for land acquisition on Mombasa Road in preparation for what he called the Nairobi Toll Road Project, meaning it would be privatised and users charged.
"However, the road project has delayed due to protracted negotiations and since then, new developments have taken place on the road as it stands".
Ignoring the storm raised by the threat to businesses, which the Government did not even bother to consult on the plan, Mutua asked the affected parties "not to read ill-motive but to understand that the Government has to acquire land to develop vital infrastructure."
But thereafter, Orengo asked the businesses affected to seek recourse in courts if they felt aggrieved by the Government move. He said the compulsory acquisition was in progress and would not be revoked. Orengo and Bett said nothing about degazettement of the legal notice — the normal way of invalidating such notices — just as did Mutua.
The two ministers had earlier engaged top officials from their ministries in a meeting that lasted two hours to discuss the controversy pitting private developers and the Government.
Demolition to go on
Bett argued that compulsory acquisition of land was not connected to any issue or the problem that the Standard Group has faced with Government. He alleged the development of Mombasa Road buildings was due to advance spillage of the Government’s future road expansion projects and likened it to the Wikileaks cable leakages that rocked the US government recently. He insisted the road project — that will see the opening up of the Northern by-pass — would still go on, although there was no order so far for any demolition. Gazettement, however, usually is the precursor for flattening though in this case the compensation levels will first have to be agreed upon.
"The compulsory acquisition of land is laid down in the new Constitution. What we have is an intention to acquire land which we have to because we want to expand our roads," argued Orengo. Bett claimed the 2008 map they were using showed no physical development. He explained that in that year, the government engaged Nairobi Motoring Group, a private firm, after a tendering process to find a way of decongesting Mombasa road.
"They came up with a design to build the Northern by-pass that would pass across Mombasa Road. They also recommended the putting up of a toll station which was to be at the piece of land where the Standard Group stands today," said Bett.
Another Toll road
"Another toll road was to be built along the Uhuru Highway,’’ he explained, adding that this required the acquisition of land for the building of interchangeable and toll roads.
Present at the news conference were Permanent Secretaries Dorothy Angote (Lands) and Michael Kamau (Roads), as well as Commissioner of Lands Zachary Mabea and the Director of Survey Ephantus Murage among other senior officers in the two ministries.