An application by the National Land Commission (NLC) seeking to notify a company via advertisement on an impending suit in relation to compensation for land taken for construction of the Standard Gauge Railway has been allowed.
Justice Eric Ogola allowed an application by NLC to serve Miritini Free Port Ltd, which has been enjoined in the suit, with notices to appear in court in a case where four residents want to be compensated for their alleged land acquired by the government.
Through lawyer Wahome Murakaru, NLC told the court that they were unable to serve orders of the court enjoining Miritini Free Port in the suit.
An application by the National Land Commission (NLC) seeking to notify a company via advertisement on an impending suit in relation to compensation for land taken for construction of the Standard Gauge Railway has been allowed.
Justice Eric Ogola allowed an application by NLC to serve Miritini Free Port Ltd, which has been enjoined in the suit, with notices to appear in court in a case where four residents want to be compensated for their alleged land acquired by the government.
Through lawyer Wahome Murakaru, NLC told the court that they were unable to serve orders of the court enjoining Miritini Free Port in the suit.
“In the interest of justice I seek leave of court to effect service by way of substituted service,” Mr Murakaru said.
In the suit, Ms Theresa Runji, Marieta Gitonga, Naomi Kiio and Sammy Macharia argue that they are entitled to full compensation before their property was acquired and put to public use.
They argue that NLC awarded the firm Sh1.4 billion as compensation for land acquired to build the SGR line and a further Sh360 million interruption award.
They argue that the award was flawed as NLC was aware that the company was not the absolute owner of the parcel of f land.
Through lawyer Gikandi Ngibuini, the petitioners argue that their right to prompt and full compensation under the Constitution has been infringed exposing them economic hardship, losses and damages.
They claim they were allocated the land as compensation by the government after eviction from a parcel of land in Bombolulu.
“The allocation was as a result of the resettlement exercise following the eviction of the four petitioners with others from parcels of land situated in Bombolulu to the President of the United Arab Emirates for building of an orphanage,” the petition states.
The case has been fixed for hearing on May 28.
PAYE Tax Calculator
Note: The results are not exact but very close to the actual.
