Githunguri in fight with land commission over Sh652m pay

Kiambu tycoon-cum-politician Stanley Githunguri has asked the High Court to compel the National Land Commission (NLC) to increase compensation for a five-acre piece of land in Karen four-fold to Sh652 million in a row that will delay completion of the Southern bypass.

NLC has gazetted 8.0851 hectares to be acquired compulsorily to accommodate the Sh17 billion Southern by-pass project and offered Mr Githunguri Sh155 million.

But the former legislator, who owns Nairobi’s Lilian Towers and Ridgeways Mall, has argued that the land was grossly undervalued, quoting its worth at Sh652 million.

The row looks set to delay completion of the road that runs from Kikuyu to Mombasa Road via Ngong and Lang’ata roads and is intended to divert heavy traffic flow from the Nakuru-Nairobi-Mombasa highway.

In his suit papers, Mr Githunguri said NLC failed to consider a number of issues during valuation of the land, which resulted in the undervaluation.

He said the use of the land had been converted to commercial use by City Hall, arguing that the commission did not reflect the change when valuing the property. He added that the omission undervalued the property where the Mr Githunguri has started building a hospitality facility.

“NLC failed to acknowledge the location of the property, its proximity to the highway and reach a valuation that was acceptable to all parties. It failed to consider all the materials placed before it and arrived at a decision that was wrong in the circumstances,” he said.

The Sh17.2 billion road is set to be opened in June next year. Construction started in November 2011.

Nairobi National Park and a number of businesses top the list of entities that the State will compensate for surrendering tracts of land to accommodate Kenya’s first pay-for-use road.

The NLC is empowered by law to compulsorily acquire land to support public projects. But the push to acquire part of the national park for road construction has attracted sharp reactions in the past with conservationists warning of its harmful impact.

“The appellant offered to be given alternative land in the vicinity and of equivalent size. The award of the appellant is addressed through the county commissioner Kiambu despite that the appellant’s address, which is part of the land in issue is in Nairobi,” added Mr Githunguri.

NLC is yet to respond to the suit despite being granted time on four different occasions. It had also been granted time to consult the Attorney- General, but is yet to present an argument in court.

Tuesday, Lady Justice Mary Mutungi said she would deliver a judgment on notice after NLC failed to appear in Court. Mr Githunguri had asked the Court to determine the matter, arguing that the suit was delaying the construction of the Southern by-pass.

He wants NLC barred from accessing the land until he is compensated to the tune of Sh650 million and also wants it to bear the costs he has incurred in lodging the suit in the Environmental and Lands Division of the High Court.

The decision to award Mr Githunguri Sh155 million was made in December, and he consequently filed the suit in January this year.

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