Habo Agencies and Cyber Access have separately sued the National Land Commission and the Transport minister arguing that the latter have failed to inform the land owners of the intention to acquire part of their land for the road expansion project as required by law.
The two companies claim that the contractor’s workmen have already gone to the said properties and marked a huge portion of the land for the road works.
The ongoing expansion of the Mariakani-Mombasa road into a dual carriageway has suffered a setback after two companies associated with former Nyali MP Hezron Awiti obtained an injunction restraining the contractor from entering their land until two suits they have filed against the project are heard and determined.
Habo Agencies and Cyber Access have separately sued the National Land Commission and the Transport minister arguing that the latter have failed to inform the land owners of the intention to acquire part of their land for the road expansion project as required by law.
The Attorney-General and Third China Engineering — the contractor — are also listed as respondents in the suit.
The petitoners accuse the NLC and the Cabinet Secretary for Transport of failing to value portions of the land earmarked for acquisition to facilitate prior compensation as stipulated by law.
Habo, whose land is valued at Sh107.1 million, and Cyber whose parcel is worth Sh66.3 million, reckon that in preparing to take a portion of their property without informing them, the NLC and the Transport minister are acting in breach of the laws on compulsory acquisition of land.
The two companies have told the court that they stand to suffer immense loss if the respondents are not stopped from acquiring their property.
Habo, whose 0.5ha land is located within Jomvu area, says the targeted plot is fully developed and is not only leased to an Export Processing Zone (EPZ) company for 30 years but is also charged to a bank for a loan.
“The petitioner has a right to be compensated before its land may be taken by the government for public purposes but this right is being infringed,” Habo says in papers filed in court.
The companies are seeking a declaration that their rights, as enshrined in the Constitution, have been and continue to be infringed by the respondents’ actions.
The petitioners want the respondents stopped from acquiring the targeted plots or in the alternative be ordered to pay them a total Sh173 million being the value of the land they intend to acquire for expansion of the highway.
The two companies claim that the contractor’s workmen have already gone to the said properties and marked a huge portion of the land for the road works.
The NLC has filed a preliminary objection to the petitions arguing that the constitutional court lacks jurisdiction to hear and determine issues raised in the petition and that the matter falls within the jurisdiction of the Environment and Land Court.
The cases have been fixed for hearing on April 10.
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