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Wilson estate owner loses Sh1bn claim for compensation

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One of the estates in South C, Nairobi, which the KAA says is on the flight path and too close to Wilson Airport’s runway. PHOTO | FILE

The developer of a housing estate bordering the Wilson Airport will not get compensation for Sh1 billion loss incurred after the court ruled that Kenya Airports Authority was right to suspended construction.

High Court judge Isaac Lenaola Thursday ruled that the estate fell within the flight path, and held that the regulator did not infringe on the rights of the developer, Patrick Kanyuira.

Mr Kanyuira moved to court in 2012 seeking Sh1 billion compensation, arguing that KAA’s action amounted to compulsory acquisition.

“Looking at the petition again and the orders sought, on prayer I have found that the petitioner’s fundamental right to property under Article 40 has not been violated,” said Mr Justice Lenaola.

“It is obvious therefore that I see no merit in the petition and it is hereby dismissed.”

The property developer went to court seeking compensation from the authority after he lost a separate case in which he was seeking to reverse the decision of KAA that stopped the construction of 24 houses in Nairobi’s South C estate.

READ: Property dealer demands Sh1bn compensation from KAA

He claimed that he commenced the project on land that he purchased in 2007 after getting approval from the defunct City Council of Nairobi and the National Environment Authority (Nema).

But when he sought approval from KAA, long after the construction had begun, the authority rejected his application. The agency said the homes posed security and safety risks to Wilson Airport, and in September 2008 directed any structures on the plot to be removed.

KAA had earlier in January 2008 declined to approve his application, but he went ahead with the construction.

Through lawyer Paul Muite, the petitioner urged the court to find the case in his favour arguing that his construction lies 460 metres from Wilson Airport outside the 360 metres requirement for a 2B category airport like Wilson.

The petitioner said he has been deprived right over his property because by the time the KAA issued its decision the construction has already commenced.

He claimed he had borrowed Sh50 million from KCB’s Savings and Loan Limited to commence the construction and stopping made him incur heavy losses, comparing the action to compulsory acquisition.

KAA, through its lawyer Kamau Karori, opposed the petition arguing that the petitioner started the construction well aware that it had not been approved by the authority.

Mr Karori said the developer is not eligible for compensation because he still retains ownership of the land and KAA had not acquired it compulsorily.

The authority further said it was not consulted by Nema when the land was approved. KAA called pilots, among them one who has been involved in an accident near the construction, to prove that it indeed posed a risk to flights.

The judge in his ruling agreed with KAA, noting that although he empathises with the petitioner, there is no remedy in law that could allow him to order compensation.

Justice Lenaola said there was no evidence that KAA had acquired the land compulsorily.

The judge noted that had the petitioner followed the law and heeded KAA’s direction stopping any development, he would not be in court seeking compensation.