More massive demolitions in the offing

By Harold Ayodo

While most Kenyans welcome the Government’s renewed vigour in developing infrastructure, those who have constructed on reserved public land are in for trouble.

Not even their political connections or position in Government will save such property owners, according to the Minister for Roads Franklin Bett.

One of the roads set for construction is the Southern bypass that was recently launched by President Kibaki.

The 30km dual carriageway estimated to cost Sh17 billion is aimed at reducing traffic congestion at the city centre.

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

The bypass will branch from Mombasa Road near Ole Sereni Hotel and pass the edge of Nairobi National Park, Langata’s Southern Estate, Ngong Road, Dagoretti, Giatara and Thogoto (Kiambu) before joining the Nairobi-Nakuru Highway.

Although the entire bypass will have no roundabouts, there will be at least six interchanges.

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

Compensation

As property owners in Nairobi and Mombasa cry foul, the Government says it will only compensate registered owners whose land and property will be affected.

For those expecting compensation, it would be prudent for them to engage a certified valuer to value the property at current market rates and make a report.

The Government compensates legally registered owners based 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 Government has already set aside Sh3.7 billion to purchase land and compensate those who will be affected by the construction of the Southern bypass.

Nairobi is not new to demolitions, repossessions and compensations as evidenced in the construction of the Thika Superhighway.

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

The Constitution under the Bill of Rights provides for protection of right to private property. The rights will, however, not apply to owners who unlawfully acquired land or property.

In some circumstances, however, provisions may be made for compensation to be paid in good faith to occupants even though they may not have title deeds.

Palatial homes

Property owners can also go to court to stop the Government from demolishing their buildings. An example of such a case is that of 29 Runda residents who have gone to court to stop demolitions that were to be done to pave way for the 21km Northern bypass.

The Kenya National Highways Authority and Kenya Urban Roads Authority told Lady Justice Mumbi Ngugi that the palatial homes valued at over Sh2 billion are 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.