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KAA faces huge bill for destroyed homes

The Kenya Airports Authority risks losing millions of shillings in compensation for homes that were demolished under the ongoing clearance of flight paths to the airport, Attorney General Githu Muigai told a parliamentary committee on Wednesday.

Prof Muigai said the Cabinet decision that paved way for demolition of unplanned structures near airports would not provide any veil of protection to government departments that implemented the decision.

“The Cabinet’s decision was a policy measure to improve internal security, but its implementation was meant to be in accordance with existing laws,” Prof Muigai said, adding that none of the government agencies sought his legal opinion before implementing the directive.

Government bulldozers have been bringing down residential and other properties in Embakasi and Mavoko from last week to clear the flight path for planes in part of the internal measures to counter terrorism.

More than 400 homes were brought down in Syokimau with some owners placing the value of their properties at an incredible Sh30 million.

Prof Muigai appeared before the members of three parliamentary committees - lands and natural resources; national security and administration; and transport - in their second day of public hearings on the demolitions.

He told the committee chaired by Gachoka MP Mutava Musyimi that the fate of KAA and other agencies implementing the directive would be decided by the High Court ruling of a case that victims have filed against the demolitions. “We have looked at the papers filed in court and I am afraid they raise fundamental issues regarding validity of titles in this country,” said Prof Muigai.

KAA, he added, bears the responsibility of compensating the victims evicted from its land even if the court upholds the demolitions were in public interest as long “as validity and legality of occupation are two separate things.”

Last week, residents of Uungani Settlement Scheme moved to court under a certificate of urgency, to contest legality of the demolitions in spite of a case that is pending in court. The case is coming up for hearing next Wednesday.

“If the courts uphold the validity of occupation, even compulsory acquisition by State under Land Acquisition Act will not shield government agencies because the law lays out a long procedure to be followed, which includes compensating victims,” said Prof Muigai.

Lands minister James Orengo, has however, dismissed the title deeds, saying unscrupulous individuals forged them to cheat the public of their money.

The committees’ session with Prof Muigai came shortly after the members finished grilling City Council of Nairobi’s Deputy Clerk Omar Abdi and the council’s director of physical planning, Mr Tom Odongo, on their execution of the city demolitions.

The two officials declined to comment on the Syokimau demolitions, saying it was in Mavoko— outside their jurisdiction — but defended the Nairobi exercise, citing section 46 of Physical Planning Act that allows them to evict trespassers.

It was the national unity against acts of terrorism and sustained pressure from Kenya Airports Authority that handed City Hall an opportunity to order large demolitions of unplanned houses in Nairobi, the officials said.

According to Mr Odongo, City Hall had earlier issued several notices, held negotiations at the sites and even organised piecemeal demolitions to force people out of the disputed locations with minimal success.

“We have been doing this from 2005, but at no time did we ever receive the same level of support (from to echelons of power) to undertake massive operation as we have now,” Mr Odongo said, referring to the recent cabinet nod and support by internal security apparatus.

The council maintained that Maasai Village was constructed on the flight path against its own warnings while the Kyang’ombe site was meant for industrial and not residential structures.

“We are not just doing this for the sake of evictions, but to rid Nairobi of illegal structures,” Mr Odongo said.

Mr Musyimi, however, ruled that Mr Abdi and Mr Odongo could not make binding decisions on behalf of the local authority and summoned the town clerk, Mr Philip Khisia to appear before the committee next Tuesday.

The committees will also grill top internal security chiefs, including Minister Prof George Saitoti at a private session on Friday before making their final report for debate in Parliament.

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