Tribunal orders demolition of Pangani footbridge within 90 days over land dispute

Tribunal orders demolition of Pangani footbridge within 90 days over land dispute

The tribunal also ordered the government to pay Sh500 million for the land compulsorily acquired for the road project, noting that a previous offer of Sh53.5 million in 2008 had never been disbursed.

A tribunal has ruled that the Pangani footbridge on Thika Road must be demolished within 90 days, after finding that part of it was built on private land without proper compensation.

The Land Acquisition Tribunal determined that the bridge encroaches on property owned by the Sheikh Fazal Ilani Noordin Charitable Trust, extending beyond the land that the Kenya National Highways Authority (KeNHA) had legally acquired for the Nairobi–Thika Road Project.

“The remedy is demolition,” said tribunal chair Dr Nabil Orina, emphasising that the structure’s presence on the trust’s land is unlawful.

The tribunal also ordered the government to pay Sh500 million for the land compulsorily acquired for the road project, noting that a previous offer of Sh53.5 million in 2008 had never been disbursed.

Additional payments include Sh75 million for disturbance, Sh300 million in general trespass damages, Sh5 million in aggravated damages, and Sh50 million for encroachment.

KeNHA is required to remove soil and construction waste from the property within three months and submit a compliance report within 100 days.

The tribunal further directed KeNHA to pay Sh15 million annually for trespass, dating back to 2009.

Dr Orina, together with members George Supeyo and Ruth Okal, highlighted that the land under the footbridge was never part of the compulsory acquisition process.

The ruling noted that the trustees had repeatedly sought clarification from KeNHA with no response, and the National Land Commission admitted the acquisition process was flawed.

The tribunal called for the acquisition to be redone to ensure lawful compensation, underscoring the importance of following proper procedures in public infrastructure projects.

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