Trustees of Dupoto/Dafur Settlement Welfare have suffered a major setback after a Lands court blocked a Sh2 billion compensation for land acquired for construction of the Standard Gauge Railway.
In his orders, Justice Mugo Mwangi restrained the Kenya Railways Corporation (KRC) from paying the trustees following an application filed by three Kenyans and Kuni Holdings Limited.
David Kipkemboi, Swaleh Kamau and Barnaba Kipkurgat told the court that they are the owners of the parcels of land and not the trustees which the corporation now seeks to compensate.
The parcels of land in question are situated along Mombasa Road in Nairobi between Libra House and Kapa Oil refineries, bordering the SGR, in a zone demarcated for industrial use.
The petitioners have listed the Ministry of Lands, National Land Commission (NLC), the County Government of Nairobi, Chief Lands Registrar, the trustees among others as defendants in the case.
They told the court that the planned compensation is illegal because the defendants acquired their lands without canceling their prior titles.
"The defendants did not accord us an opportunity to be heard before they re-alienated and retitled the suit lands in favour of the trustees," they told court.
They said the seizure of the land is designed to deceive the KRC to compensate the trustees with public funds assigned for compulsory acquisition.
The Judge directed the application be served on all parties for hearing on February 26.
