Bomas loses Sh85 million-land compensation case

Denis Gitau | Jul 8, 2020

The battle for an Sh85 million-compensation package relating to land that was hived off from The Bomas of Kenya for expansion of Lang’ata road has concluded in a loss for the cultural village.

The case, which Bomas had filed against the Kenya Urban Roads Authority (KURA) for what it termed as the illegal acquisition of its property, will be withdrawn.

Paul Kihara, the Attorney-General, advised the Tourism ministry that a state agency does not have the mandate to compulsorily acquire land that belongs to a separate government entity.

As such, it follows that compensation on the same could not occur advised the AG.

With this, the seven-year battle for compensation was sunk.

According to a brief presented to parliament, this is the premise on which both parties agreed to withdraw the case.

The case, which started when the cultural village sued the AG and KURA for not offering compensation for the land hived off in 2013, could have set precedence for similar cases in the future.

The National Land Commission (NLC) and KURA acquired the 0.8055 hectares for the upgrading of the road.

According to the National Assembly’s Public Investment Committee (PIC), Kura and NLC had not offered any compensation to Bomas of Kenya for the land as of June 10, 2020.

PIC chairman Abdulswamad Nassir (Mvita MP) called for intervention by the Head of Public Service Joseph Kinyua to assist in settling the matter.

Seeing as it is against government policy for its entities to sue each other, Mr. Nassir said that the Head of Public Service should meet with the disputing parties and find a solution to the matter in a report on the audited financial statements for 48 State corporations, which was tabled in Parliament last Wednesday.

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