A section of Jamia Mosque in Nairobi.
A tribunal has quashed gazette notices meant for the acquisition of a parcel of land near Globe Cinema Roundabout worth Sh3.9 billion by the Nairobi county government, ruling that the process was bungled.
The Land Acquisition tribunal ruled that the process, which was initiated by the defunct Nairobi Metropolitan Services (NMS), was not completed to disadvantage of the trustees of Jamia Mosque.
The tribunal chaired by Dr Nabil Orina and George Supeyo (member) said although the process of compulsory acquiring the parcels was properly commenced, it was later mismanaged.
“An order be and is hereby issued quashing Gazette Notices No. 5402 and 10279 of 2021, 207 and 15995 of 2022 and 641 of 2023 to the extent that they purported to compulsorily acquire land known as L.R. No 209/136/259 (New No. Title No. Nairobi/Block 10/166),” the tribunal said.
According to the tribunal, the intended acquisition was left hanging and in the process, prevented the registered trustees of Jamie Masjid Ahle Sunait Wal Jamai, from fully using the land.
The tribunal issued a declaration that through their actions and omissions, the National Land Commission (NLC) and the Nairobi county government, violated the rights of Jamia Mosque from enjoying the use of the land.
However, the tribunal rejected a prayer by the trustees of Jamia Mosque, to compel the county government to compensate them Sh3.9 billion.
“We, therefore, find that the compulsory acquisition process over the Claimant’s property is yet to be completed to warrant the claim for compensation in this regard,” Dr Orina said.
Evidence tabled before the tribunal showed that the NMS commenced the process in 2021 and the NLC published gazette notice with intention to acquire the parcels.
The parcels of land were to be used for the construction of the Globe Roundabout Public Transport Terminal.
NMS’s tenure, however, ended and all the functions that had been transferred to the entity were taken back by the city county government.
The trustees of Jamia Mosque submitted that the uncertainty arising from the lack of communication from NLC and the county government, had caused it loss of opportunity and the actions, therefore, constitute a breach of its rights to property.
NLC admitted starting the process but stated that it was yet to be completed, to entitle the trustees of Jamia Mosque to seek compensation.
The commission submitted that the gazettement of the property with an intention to acquire does not amount to compulsory acquisition.
Further, this did not stop the owners from using the land. The claim, according to NLC was speculative, premature and not founded in law.
The county government defended itself saying the request done by the NMS to the NLC was made contrary to the law.
Lawyer Titus Koceyo submitted that the request was irregularly done since it did not originate from the county executive committee member, responsible for Lands as required by law, and further that their consent or approval was never sought.
The tribunal wondered why the NLC and the county government had not taken the necessary steps to free the property from the intended compulsory acquisition.
They said since city hall was no longer interested in the acquisition of the land, it should have instructed NLC to withdraw the notices, instead of trading blame.
“On the other hand, it is the duty of the 2nd Respondent (NLC) to manage the process of compulsory acquisition. That duty entails taking active steps to revoke intended acquisitions which are no longer needed or which fail to comply with the law. The limbo the Claimant finds itself in was never contemplated in the law,” the tribunal said.
