, NAIROBI, Kenya, Jul 13 – Six people have sued the National Lands Commission (NLC) and two other institutions over failure to pay them Sh27 million as compensation for private land it acquired 29 years ago for the construction of Thika’s Ndakaini dam.
Samuel Mweru and five others have taken the Mohammed Swazuri-led commission together with Nairobi City Water and Sewerage Company Limited and Nairobi City County over the refusal to pay the millions they are rightfully claiming.
In their suit papers, the Thika residents say that some time in 1989, the then Commissioner of Lands instituted the process of acquiring land within Ndakaini area for the purpose of construction of Nairobi’s water supply dam.
They say that then commission came up with a compensation scheme which Mweru and his co-petitioners applied and on March 16 2010, the Commission was ordered to pay them Sh3.4 million as compensation.
The amount has since accrued to Sh27 million, which NLC and the respondents have refused to pay.
They now want NLC and the other respondents compelled to pay them the amount owed, arguing that the refusal has no legal justification and infringes on their rights to compulsory acquisition and right to fair administrative action.
“The respondents having violated the law should be compelled to pay and settle this outstanding matter together with the interest accrued,” they state.
Under the Land Acquisition Act, Land acquired compulsorily ought to be paid promptly in full to all persons whose interest in the land has already been determined.
Despite numerous meetings and follow ups, the Nairobi City and Sewerage Company has refused to settle the amount.
On its part NLC says it is Evans Kidero’s County Government of Nairobi that is charged with the responsibility of paying the amount.