Lawyers say another notice needed to cancel order

By PETER ORENGO

The Government has hinted at reviewing the gazette notice on forceful takeover and demolition of business premises, including The Standard Group Centre, along a section of Mombasa Road.

Yesterday, condemnation of the Government’s plan continued to pile, forcing it to make a hasty retreat. Through the Government Spokesman’s office, it accepted the planned acquisition had been overtaken by events rendering some sections of the notice obsolete.

However, legal experts said unless the gazette notice is revoked by the Government it still stands and demolitions could still happen.

Law Society of Kenya chairman Kenneth Akide said, "The statement released by the Government Spokesman should be immediately followed by a notice indicating revocation. This should be followed up by a statement from the Roads Ministry."

In the statement, the Government said a review of the acquisition notices is currently being undertaken by the concerned ministries and details will be made public in due course.

"There should not be any panic because the Government does not intend to pull down some of the new developments on the highway. This is in light of developments that have taken place along the road since the plans were initiated," it said.

The Government said it encourages Kenyans, "and especially affected parties", not to read ill motive but to understand that the Government has to acquire land to enable it to develop vital infrastructure in our country.

Workable designs

The modern structure housing Standard Group is among a list of business complexes that were earmarked for demolition to pave way for the fancy road expansion that runs for only 2.5km.

With other 40 business people whose operations were likely to be affected by the evictions, Standard Group Deputy Chairman and Chief Strategist Paul Melly said the action amounted to economic sabotage against Kenya. They called on the Government to shelve the plan and come up with alternative road routing or a workable design that will have limited negative economic impact.

Yesterday the Kenya Alliance of Residents Association said it had written to the Roads Ministry asking for a meeting with the affected proprietors whose businesses would be affected by the plan.

"We have written to the ministry asking for a meeting with the affected people to iron out this issue. We will push for the extension of the permit notice for five years as required by the law," said Stephen Mutoro, the Kara chief executive.

The Centre for Multiparty Democracy chairman Laurence Gumbe said the planned compulsory acquisition is selective and punitive. He said he would like to see road expansion that runs from Mombasa to Malaba, and not "haphazard construction".