A seven-year legal tussle over land acquired for the Standard Gauge Railway (SGR) project has finally come to an end after the High Court ordered the National Lands Commission (NLC) to pay Sh65,081,280 to a Kitengela landowner.

The court, in a ruling by Justices Nabil Orina and George Supeyo, found that NLC had violated Issac Wanjohi’s constitutional rights by taking his 6.3-hectare parcel of land in 2017 without compensation.

The judges directed that the full payment be made within 45 days, adding that Wanjohi was also entitled to interest accrued since May 3, 2018, as per the Central Bank of Kenya’s base lending rates.

“An order be and is hereby issued directing 1ST Respondent (NLC) to pay the Complainant (Wanjohi), within 45 days hereof, the full compensation awarded to the Complainant being the sum of Sh65,081,280 for the compulsory acquisition of its proprietary interests in property known as Land Reference number KAJIADO/KITENGELA/10767 in Kajiado County,” said Justice Orina.

The court faulted NLC for failing to honour its obligation, despite having offered to compensate Wanjohi in 2018.

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to the petitioner, the commission had withheld the payment on the grounds that the land was entangled in legal disputes.

However, Wanjohi stated that the disputes had since been resolved in his favour, a fact he officially communicated to the NLC chairperson in a letter dated June 19, 2023.

Despite this, no payment was forthcoming, prompting him to seek redress in court, where he also demanded interest at a rate of 17 per cent as provided for under Section 117 of the Land Act, 2012.

NLC, though involved in the proceedings, did not file any response. On the other hand, Kenya Railways Corporation (KRC), which was also named in the suit, distanced itself from the matter.

Through Senior Lands Surveyor Nathaniel Ochieng, KRC maintained that it had no role in the delay, which it attributed to the court battles over the land.

With the ruling now in place, Wanjohi will finally receive the compensation owed to him, marking the end of a protracted fight for justice over land taken for national infrastructure development.