Tribunal Orders Demolition of Pangani Footbridge Over Land Encroachment
The Land Acquisition Tribunal has ordered the government to demolish the Pangani footbridge within 90 days, ruling it was built on private property.
The government has been hit hard after the Land Acquisition Tribunal ordered the demolition of the Pangani footbridge on the Thika Superhighway, ruling that it was built on private property belonging to the Sheikh Fazal Ilani Noordin Charitable Trust.
In its ruling, the tribunal found that the Kenya National Highways Authority (KeNHA) built part of the footbridge on land that was never acquired during the Nairobi–Thika Road expansion project. Tribunal chair Dr. Nabil Orina said the structure illegally took away the trust’s property and blocked access to their land.
“Even though we have found that the footbridge was illegally constructed and took away the claimants’ portion of the property, we are not persuaded that an order for compensation for the portion occupied would be appropriate in the circumstances,” Dr. Orina ruled, alongside panel members George Supeyo and Ruth Okal.
Huge Compensation Awarded
The tribunal ordered the government to pay Sh500 million for land compulsorily acquired for the highway, way above the Sh53.5 million proposed but never paid.
In addition, KeNHA was ordered to pay:
- Sh75 million as disturbance allowance,
- Sh300 million in general damages for trespass,
- Sh5 million in aggravated damages,
- Sh15 million annually for trespass since 2009.
The tribunal also awarded Sh50 million for the encroachment caused by the footbridge which blocked the property’s entrance and exit. KeNHA was also ordered to remove the soil and construction waste on the land within 3 months and file a compliance report within 100 days.
Flawed Acquisition Process
The trustees told the tribunal that they were not involved in the land acquisition process that started in 2008. They argued that the valuation was rushed, irregular and grossly inadequate.
Records showed that the Commissioner of Lands issued a Gazette Notice for compulsory acquisition in July 2008, followed by another notice in February 2009 that revised the acreage of the land to be taken. But the trust said they were never served with the required notices, making the whole process illegal.
The National Land Commission (NLC) admitted the compulsory acquisition was flawed, saying the process should be done again to conform to the constitution.The tribunal ordered NLC to audit all compulsory acquisition processes done by its predecessor to prevent irregular compensation and to conform to the law.
Taxpayers to Foot the Bill
The ruling will cost taxpayers billions, KeNHA will have to pay compensation and damages. This is just another case of the Thika Superhighway project and government’s failure to compensate lawfully.
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Tribunal Orders Demolition of Pangani Footbridge Over Land Encroachment