Expansion Plans for Mama Ngina University College Stalled Over Land Acquisition Dispute.
The proposed expansion of Mama Ngina University College in Kiambu County has encountered a significant obstacle. On August 12, a tribunal rejected the compulsory land acquisition efforts led by the National Land Commission (NLC) to obtain land in Mutomo village. This ruling has effectively put the university’s growth plans on hold, leaving the future of the project uncertain.
The Land Acquisition Tribunal, chaired by Nabil Orina with member George Supeyo, found that the NLC did not meet the constitutional and legal standards required for land acquisition. The tribunal specifically cited that the NLC’s Notice of Intention to acquire land, as outlined in Gazette Notice No. 10278 dated September 27, 2021, violated several constitutional provisions. These include Article 40(3) of the Constitution and Sections 107, 110(1), and 111(1A) of the Land Act. Consequently, the tribunal declared the NLC’s actions null and void.
Furthermore, the tribunal highlighted a critical issue regarding the lack of funds for compensating the affected residents. Without the necessary financial resources, proceeding with the acquisition would have displaced people without providing them the means to resettle. The tribunal emphasized that the legislature intentionally required funds to be secured before any acquisition to ensure that property owners are not left in a vulnerable position.
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The Ministry of Education’s failure to allocate the necessary funds for this project was also a point of contention. The tribunal viewed this as an indication of the project’s low prioritization by the government. This lack of financial planning has now become a significant barrier to the expansion of the university.
The dispute over land acquisition began when 152 residents, led by Giciri Thuo, filed a petition in the Environment and Lands Court in April 2022. They argued that the NLC’s acquisition process violated their constitutional rights and did not involve adequate public participation, as mandated by Article 10 of the Constitution. The petitioners also claimed that the acquisition was not in the public interest and contradicted Sections 107 and 111 of the Land Act.
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In addition, the petitioners initially filed the case in the Environment and Lands Court, which then transferred it to the Land Acquisition Tribunal on February 22, 2024, for further hearing and determination. The petitioners argued that the acquisition was both unprocedural and illegal. They also highlighted that Mama Ngina University College lacked a governing body at the time of the acquisition and that the process did not involve consultation with the local community.
In response to these allegations, the NLC, in a replying affidavit dated June 6, 2022, asserted that it had adhered to all necessary legal steps throughout the land acquisition process. The commission provided copies of relevant gazette notices, including the Notice of Intention to acquire property and several notices of inquiry, as evidence of its compliance with constitutional and statutory obligations.
Mama Ngina University College also defended its position, arguing that the land acquisition was indeed for a public purpose. The institution highlighted its role in providing higher education to students from diverse backgrounds as a demonstration of its public purpose. Despite these defenses, the tribunal ruled against the NLC’s acquisition efforts.
As a result of the ruling, all parties involved in the case have been ordered to bear their own costs, leaving the future of Mama Ngina University College’s expansion uncertain. The tribunal’s decision serves as a reminder of the legal and financial complexities involved in land acquisition for public projects in Kenya. It also underscores the importance of adhering to constitutional requirements to protect the rights of affected citizens while pursuing national development goals.
Expansion Plans for Mama Ngina University College Stalled Over Land Acquisition Dispute.
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