Court orders NLC to pay 4 in Mombasa for SGR land


[Source: Daily Nation, by Philip Muyanga]

The National Land Commission abused its statutory powers in refusing to compensate four Mombasa residents, whose two parcels of land the government acquired for construction of the Standard Gauge Railway.

The High Court made this ruling on Monday, adding that a decision by the NLC, not to include or consider the interest of land owners Theresa Runji, Marieta Gitonga, Naomi Kiio and Sammy Macharia, was unconstitutional as they were not heard before it was reached.

Justice Eric Ogola further ruled that the decision amounted to abuse of office as it was reached in disregard of the commission’s own previous findings.

He directed the NLC to tabulate, asses and compensate the petitioners the value of their two properties, No 3912 and 3913/VI/MN (being the disputed part of Plot No.MN/VI/4805), as at the date of the acquisition plus interest at commercial rates.

Justice Ogola said the court was dismayed that Sh1.4 billion and another Sh360,000 were awarded to Miritini Free Port Ltd, an interested party in the case, as compensation for compulsory acquisition of part of the land without consideration of the petitioners’ interest.

[Full article: Daily Nation, by Philip Muyanga]


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