Court halts State plan to seize private land

By Wahome Thuku

The compulsory acquisition of land along Mombasa Road and Waiyaki Way by the Government has been put on hold pending the hearing and determination of a case challenging the move.

The order temporary stopping the land acquisition and subsequent demolition of buildings along the highways was extended by the High Court yesterday.

Among the prime buildings targeted for demolition are The Standard Group Centre, Radio Africa, Sameer Industrial Park Simba Colt Motors, Excel Chemicals, Kenya Shell Limited, Real Industrial Park, Alfa Motors, Twiga Stationers, Safaricom Limited and Asshowton Limited.

Justice Daniel Musinga first issued the order suspending the acquisition on January 21, following an application by the Kenya Union of Journalists (KUJ).

The Standard Group Centre, on Mombasa Road is one of the buildings the government wants to demolish. [PHOTO: MARTIN MUKANGU/STANDARD]

In a Gazette Notice dated December 31, the Ministry of Lands announced it would acquire various parcels of land of varying sizes on both sides of Mombasa Road and Waiyaki Way, in preparation for the Nairobi Toll Road Project between the Jomo Kenyatta International Airport through to Museum Hill and Gigiri.

The KUJ moved to court to protect its members who are likely to lose jobs if the Government proceeds with the planed acquisition, and sued the Commissioner of Lands, Roads Minister Franklin Bett, the Nairobi City Council and the Local Government Minister Musalia Mudavadi.

The union challenged the constitutionality of the intended acquisition, saying the constitution envisages the consolidation of land laws, and the creation of a National Land Commission, which has not been created.

The judge certified the matter as urgent and ordered that it be mentioned yesterday by when other parties would have been served with the papers.

"The application raises weighty issues of law that require careful consideration of this court, since there is an intention of demolishing buildings," he said then.

Yesterday, a State lawyer told the court that they were served with the papers late last week and had not had time to respond. The City Council of Nairobi was however not represented in court.

Justice Musinga set the next mention for February 16.