Plans to expand Mama Ngina University College suffered a major setback after a tribunal rejected the push for compulsory land acquisition in Kiambu County.
The Land Acquisition Tribunal ruled on August 12 that the National Land Commission (NLC) failed to meet constitutional and legal requirements in its attempt to acquire land from residents of Mutomo village.
“The 1st respondent’s Notice of Intention to acquire land contained in Gazette Notice No. 10278 dated September 27, 2021, violated Article 40(3) of the Constitution and Sections 107, 110(1), and 111(1A) of the Land Act and the same is therefore null and void,” the tribunal stated in its ruling delivered by chairperson Nabil Orina and member George Supeyo.
The tribunal nullified the NLC's decision to acquire land for the college's expansion, citing the lack of funds necessary to compensate affected residents. It warned that without securing funds before proceeding, the project could displace people without giving them the means to resettle.
"The legislature was deliberate in requiring the existence of funds to be ascertained before an acquisition is undertaken. This is the necessary balance that the legislature struck to ensure that a person dispossessed of his or her property does not suffer double despondency,” the tribunal said, adding that funds for compensation had not been remitted to the NLC.
According to the tribunal, the Ministry of Education’s failure to allocate funds for the project showed a lack of prioritisation.
In response to the gazette notice, 152 residents, led by Giciri Thuo, filed a petition in the Environment and Lands Court in April 2022. They argued that the acquisition violated the Constitution and their fundamental rights and freedoms.
They argued that there was no public participation as required under Article 10 of the Constitution; and the intended acquisition of private land was not in the public interest and was contrary to Sections 107 and 111 of the Land Act.
The respondents were the National Land Commission, Mama Ngina University College, Kenyatta University, Ministry of Education, and the Commission for University Education. The Kenya Human Rights Commission was listed as an interested party.
The petition was transferred to the Land Acquisition Tribunal on February 22, 2024, for hearing and determination.
The petitioners argued that the acquisition was unprocedural and illegal, pointing out that Mama Ngina University College lacked a governing body at the time and failed to involve the community in the process.
In a replying affidavit dated June 6, 2022, the National Land Commission stated that it had followed all required steps during the land acquisition process for Mama Ngina University College. The commission submitted copies of gazette notices, including a Notice of Intention to acquire property and several notices of inquiry, to support its claim.
The commission asserted that it had fulfilled its constitutional and statutory duties correctly.
Mama Ngina University College also denied the petitioners' claim that the land acquisition was neither for a public purpose nor in the public interest. The college argued that it already serves a public purpose by providing higher education to students from diverse backgrounds.
All parties involved were ordered to bear their own costs.
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