This archive report was first published on 9 October 2019.
Published on October 9, 2019, a group of residents from Kwale County are challenging a court order that halted the National Land Commission's (NLC) payment of Ksh. 2 billion to compensate them for land acquired for the Standard Gauge Railway (SGR) project.
The NLC had compulsorily acquired the land in the public interest, but two companies, Kahia Transporters Limited and Trade Lead Limited, claimed ownership of the land and obtained a court order to stop the compensation.
However, the petitioners argue that the companies misled the court and that the High Court had no justification to restrain the NLC from paying them. They claim that unless the court intervenes, they will continue to suffer irreparable loss and damages.
The case is set for a hearing on November 12, 2019, and the disputed court order was issued on November 8, 2017, by Mombasa High Court Judge Justice Charles Yano.
The prolonged court battle has delayed the compensation of the residents by the NLC, despite the Constitution of Kenya stipulating that the State shall not deprive a person of property without just compensation.
