By Harold Ayodo

Property owners are always up in arms whenever Government bulldozers flatten their investments to create room for construction of roads.

Confusion reigns as property owners claim they were never issued with legal notices as required ahead of demolitions.

On the other hand, the Government stands its ground that it duly informed the affected about its intentions and only moved in upon expiry of notices issued.

According to property laws, the Government must compensate at market rates registered property owners whose investments are acquired or demolished for development.

However, the media has been abuzz with complaints from investors whose property were flattened but never compensated although others may have constructed on road reserves.

Four years ago, property owners lost fortunes when residential and commercial properties were reduced to rubble to construct Thika Superhighway.

Recently, Kisumu awoke to sights of bulldozers reducing buildings to rubble ahead of the construction of the Mau Summit-Kericho-Kisumu Road.

The road is being constructed in two phases comprising the 57km Kericho-Mau Summit Road and the 82km Kericho-Nyamasaria/Kisumu section.

Demolitions disbelief

Back to the demolitions, shocked residents and property owners at the lakeside city watched in disbelief as armed police oversaw the exercise, which was uninterrupted.

It is not in Kisumu alone as some private developers in Nairobi are also crying foul as the Government shifts to top gear, efforts to improve infrastructure.

Their commercial and residential buildings are marked for demolition to pave way for construction and expansion of roads, ports and airports.

The concerns leaped to the fore recently in Nairobi after President Kibaki launched construction of the Southern bypass.

The 30 kilometre dual carriage way is aimed at reducing traffic congestion in the city centre.

Some private developers with buildings along the course of the road have already started counting losses.

And they are many, as the dual carriage way should branch from Mombasa Road near Ole Sereni Hotel.

It passes on the edge of Nairobi National Park, Langata’s Southlands Estate, Ngong Road, Dagoretti, Giatara and Thogoto (Kiambu) and joins the Nairobi-Nakuru highway.

All through the route, there will be no round abouts but at least six interchanges.

In Mombasa, about 60 metres in width of the Makupa Causeway at Kibarani will be repossessed to expand the congested highway.

As property owners in Nairobi. Kisumu and Mombasa cry foul, the State may compensate registered owners whose land will be affected.

Legally, it is wise to engage a certified valuer to value the property at current market rates and have a valuation report upon receiving demolition notice from the State.

The Government often compensates legally registered owners on market rates when property is either demolished or repossessed for public development.

Owners who feel that the compensation is below their expectations can move to the High Court to seek orders for their rights.

The last time I checked, the Government had set aside Sh3.7 billion to purchase land and compensate investors within the Southern bypass in Nairobi.

Other major infrastructural developments that affected private property in the capital city include construction of the completed Northern and Eastern bypasses.

Legally, registered property owners whose investments would be affected by the developments are protected by the Constitution.

The Bill of rights under Article 40 of the supreme law provides for protection of right to private property.

Property ownership

Constitutionally, private land is that held under freehold— has a title deed or leasehold.

The rights, however, will not apply to owners who unlawfully acquired the repossessed or demolished property.

Provisions may also be made for compensation to be paid to occupants in good faith and may not have title deeds.

Property owners can also go to court to stop the State from demolishing their buildings to improve infrastructure.

Take the case of 29 residents of  Runda estate currently in court to stop demolitions to pave way for the 21-kilometre Northern bypass.

The Kenya National Highways Authority and Kenya Urban Roads Authority told Lady Justice Mumbi Ngugi that the residents’ constructed palatial homes valued at over Sh2 billion on road reserves.

The High Court heard that the Government had issued notices warning the developers that they were building on a reserve meant for a public road. The case continues.

 

The writer is an Advocate of the High Court of Kenya.

hayodo@standardmedia.co.ke