High Court halts standard gauge railway in land compensation case

A sample of the 609km standard gauge railway line that will be built from Mombasa to Nairobi. Kibwezi MP Patrick Musimba said Kibwezi residents were not compensated for land acquired by the government for the project. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Transport and Infrastructure Cabinet Secretary Michael Kamau had said compulsory acquisition of land for the first phase of the standard gauge railway line from Mombasa to Nairobi will cost Sh10 billion.

The High Court on Thursday stopped the construction of the Sh327 billion Mombasa-Nairobi railway line until a case filed by Kibwezi MP Patrick Musimba is heard and determined.

Justice Charles Kariuki suspended the project for 14 days after hearing an application by the MP. Through lawyer Kethi Kilonzo, Mr Musimba said Kibwezi residents were not compensated for land acquired by the government for the project.

Ms Kilonzo told the court that residents were not properly compensated for land compulsorily acquired by the government for the project. She said the residents were not given notice before the take-over, as required by the law.

The lawyer said residents will suffer economically as the land will be fenced off with a perimeter wall and thus inhibit their movement and that of their livestock to grazing fields. Ms Kilonzo said proper acquisition of the land should be done and residents ought to be compensated.

Justice Kariuki ordered the case to be heard on November 6.

In the case, the MP has sued the National Land Commission, the Kenya Railway Corporation and the Attorney-General, while China Roads and Bridges Corporation has been named as an interested party.

The Sh327 billion project was launched by President Uhuru Kenyatta in April. Transport and Infrastructure Cabinet Secretary Michael Kamau had said compulsory acquisition of land for the first phase of the standard gauge railway line from Mombasa to Nairobi will cost Sh10 billion.

He had said 11,000 acres will be compulsorily acquired from individuals and government agencies along the 609-kilometre Nairobi-Mombasa stretch.

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