Court gives NLC 3 days to pay Kajiado institution Ksh.787M as compensation

The High Court in Kajiado on Monday ordered the National Land Commission (NLC) to pay Clarence Matheny Leadership Training Institute Ksh.787 million as land compensation.

Justice Reuben Nyakundi, in his landmark ruling, said the money accrued from compulsory acquisition of the land in Ngong by the NLC for the construction of the phase 2A part of the Standard Gauge Railway.

Bishop Joel Chola, who is the executive director of the organisation, had sought justice from the court after NLC bosses led by chairman Muhammad Swazuri allegedly delayed the process of their compensation.

“I order that the NLC pays a sum of Ksh.787, 987,569 to Clarence Matheny Leadership Training Institute not later than this week on Thursday,” said Justice Nyakundi at a parked court, which was also attended by Swazuri in person and commission lawyers.

After the ruling, Bishop Chola said; “This is landmark ruling in a landmark case that has dragged on for a long time. At least justice has been served to us.”

The institution’s land in Ngong lies squarely on phase 2A of the SGR and houses a super bridge that contains 17 major pillars.

According to court documents, the organisation which owns the land, was informed of the compulsory acquisition on November 10, 2017, by Kenya Railways and later by NLC in a letter on January 3, 2018, and subsequently through through a Gazette notice on March 2, 2018.

The organisation, according to Bishop Chola’s arguments in court, obliged to the compulsory acquisition and promised to support the national project.

They were formally requested on January 3, 2018, to allow the Chinese construction company to begin building pillars on their property.

Bishop Chola said his institution filed a formal application for compensation in February 2018, from the NLC at a meeting where several officials were present; including its lawyer and a surveyor from KR.