Hezron Awiti, former Nyali MP. FILE PHOTO | NMG
Summary
- Habo Agencies and Cyber Access have separately sued the National Land Commission and the Transport minister arguing that the latter have failed to inform the land owners of the intention to acquire part of their land for the road expansion project as required by law.
- The two companies claim that the contractor’s workmen have already gone to the said properties and marked a huge portion of the land for the road works.
The ongoing expansion of the Mariakani-Mombasa road into a dual
carriageway has suffered a setback after two companies associated with
former Nyali MP Hezron Awiti obtained an injunction restraining the
contractor from entering their land until two suits they have filed
against the project are heard and determined.
Habo
Agencies and Cyber Access have separately sued the National Land
Commission and the Transport minister arguing that the latter have
failed to inform the land owners of the intention to acquire part of
their land for the road expansion project as required by law.
The Attorney-General and Third China Engineering — the contractor — are also listed as respondents in the suit.
The
petitoners accuse the NLC and the Cabinet Secretary for Transport of
failing to value portions of the land earmarked for acquisition to
facilitate prior compensation as stipulated by law
Habo, whose land is valued at Sh107.1 million, and Cyber whose
parcel is worth Sh66.3 million, reckon that in preparing to take a
portion of their property without informing them, the NLC and the
Transport minister are acting in breach of the laws on compulsory
acquisition of land.
The two companies have told the
court that they stand to suffer immense loss if the respondents are not
stopped from acquiring their property.
Habo, whose
0.5ha land is located within Jomvu area, says the targeted plot is fully
developed and is not only leased to an Export Processing Zone (EPZ)
company for 30 years but is also charged to a bank for a loan.
“The
petitioner has a right to be compensated before its land may be taken
by the government for public purposes but this right is being
infringed,” Habo says in papers filed in court.
The
companies are seeking a declaration that their rights, as enshrined in
the Constitution, have been and continue to be infringed by the
respondents’ actions.
The petitioners want the
respondents stopped from acquiring the targeted plots or in the
alternative be ordered to pay them a total Sh173 million being the value
of the land they intend to acquire for expansion of the highway.
The
two companies claim that the contractor’s workmen have already gone to
the said properties and marked a huge portion of the land for the road
works.
The NLC has filed a preliminary objection to the
petitions arguing that the constitutional court lacks jurisdiction to
hear and determine issues raised in the petition and that the matter
falls within the jurisdiction of the Environment and Land Court.
The cases have been fixed for hearing on April 10.
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