Court orders NLC to pay Ngong institution Sh787m for railway land

Justice Reuben Nyakundi ordered the NLC to compensate an organisation in Ngong Sh789.9m for its land that will be used to build the railway, February 4, 2019. /KURGAT MARINDANY
Justice Reuben Nyakundi ordered the NLC to compensate an organisation in Ngong Sh789.9m for its land that will be used to build the railway, February 4, 2019. /KURGAT MARINDANY

The High Court in Kajiado on Monday ordered the National Land Commission to pay Clarence Matheny Leadership Training Institute Sh789.9 million as compensation.

In a landmark ruling, Justice Reuben Nyakundi said the money accrued from compulsory acquisition of the institution's land Ngong/Ngong/15559 by the NLC.

The land is for the construction of phase 2A of the Standard Gauge Railway.

The executive director of the organisation Bishop Joel Chola sought justice after NLC bosses led by chairman Muhammad Swazuri allegedly delayed compensation.

“I order that the NLC pays Sh787,987,569 to Clarence Matheny Leadership Training Institute not later than this week on Thursday,” Nyakundi said in a packed court.

Swazuri was present in court together with the commission's lawyers.

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

The firm's land in Ngong lies squarely on phase 2A of the SGR where a super bridge of 17 major pillars is being built.

Court documents show the Kenya Railway informed the institution about the compulsory acquisition of the land on November 10, 2017. The NLC later sent a letter on January 3, 2018, and subsequently through a Gazette notice on March 2, 2018.

Chola had previously told the court the firm obliged and promised to support the national project fully.

The organisation was formally requested on January 3, 2018, to allow the Chinese construction company to begin building pillars on their property.

Chola said the 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.

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