Judges to hear petition on railway land named

A five-judge bench has been constituted to hear Kibwezi West MP Patrick Musimba’s petition against the compulsory acquisition of land for the construction of the standard gauge railway.

Chief Justice Willy Mutunga Monday named judges Isaac Lenaola (presiding), Mumbi Ngugi, Lydia Achode, Joseph Onguto and George Odunga to hear and determine the case.

Mr Musimba has sued the National Land Commission and four others for identifying, demarcating and valuing parcels of land belonging to him and other residents of Kibwezi West constituency for the construction of the railway.

Judge Charles Kariuki first heard the matter on October 15, 2014 and certified it as urgent, and subsequently issued interim orders to maintain the status quo on six days later.

Judge Kariuki told Musimba to file an application seeking interim orders before the Bench was constituted by the CJ.

Musimba’s lawyer Kethi Kilonzo had told the court in his application that Kibwezi residents were not compensated for land acquired for the railway project launched by President Uhuru Kenyatta in April.

Ms Kilonzo added the residents were not given notice before the take-over, as required by the law. She told the court that there was need for the project to be subjected to public participation and environmental audit.

The petitioner argued that the names of the residents affected did not appear in the National Gazette.