Railway Construction Project Raises Compensation Questions

The land was compulsorily acquired to pave way for construction of the SGR linking Mombasa to Nairobi.

The National Land Commission (NLC) spearheaded the mega land purchase in six counties including Taita Taveta, Kwale and Makueni with Kenya Wildlife Service losing hundreds of acres to the project.

The Kenya Railways Corporation gazetted 56 acres of its land for the railway project and another 76 acres are to be set aside for the new rail.

The project sparked a vicious land battle in Kibwezi, Makueni County in October last year, which saw the High Court sitting in Machakos temporarily halt the compulsory acquisition of land in Kibwezi West.

Matter be decided by a three-Judge bench

The decision by Justice Kihara Kariuki followed an application by area Member of Parliament Patrick Musimba who accused NLC of failing to notify residents of the intention to acquire their land for the project.

The MP said NLC failed to issue a compensation plan that would allow land owners to determine the valuation of their property.

In November 2014, the High Court lifted an order stopping construction of the Standard Gauge Railway, but said a case filed by Mr Musimba had raised weighty matters that should be decided by a three-judge Bench.

The case was referred to the Chief Justice to appoint three judges to hear and determine it.

In December 2014, Chief Justice Dr Willy Mutunga named Justices Isaac Lenaola (presiding), Mumbi wa Ngugi, Lydia Achode, Joseph Onguto, and George Odunga to hear the case.