GATUNDU SOUTH, Kenya – The residents of Mutomo village in Gatundu South have triumphed over a controversial attempt by the National Land Commission to forcibly acquire their land for the expansion of Mama Ngina University College.
The Lands Tribunal, led by Dr. Nabil Orina, delivered a verdict quashing the Commission’s decision, much to the relief and joy of the villagers.
The tribunal found that the National Land Commission failed to meet the necessary legal criteria for the compulsory acquisition of land.
Dr. Orina pointed out that the respondents, including the Commission, Mama Ngina University College, Kenyatta University, the Ministry of Education, and the Commission for University Education, did not adequately demonstrate that the expansion was driven by a genuine public demand for higher education in the area.
The tribunal also highlighted the proximity of other established public universities, such as Kenyatta University and Jomo Kenyatta University, which serve the region.
This raised questions about the necessity and priority of establishing another institution in Mutomo.
A critical point in the tribunal’s decision was the lack of allocated funds for the project.
“It is evident to us that the state was not ready to undertake this acquisition due to the failure to provide the necessary funds that would compensate those whose homes were to be involuntarily taken,” the tribunal’s statement read.
The failure to deposit funds with the commission before the acquisition process meant that residents could be displaced without the financial means to relocate, a situation the tribunal deemed unacceptable.
Mutomo villagers, many of whom have ancestral ties to the land, had vehemently opposed the acquisition.
They argued that there was no public participation and that the forced acquisition was not in the public interest.
The case, originally filed by Giciri Thuo and 151 others, was initially brought before the Environment and Land Court but was later transferred to the Lands Tribunal.
During the hearings, Professor Zipporah Ng’ang’a of Kenyatta University testified, revealing that the original plan for the university’s expansion involved locating it across three different sites—Mutomo Primary School, Kiganjo Polytechnic, and Ruburi Primary and Secondary Schools.
However, due to cost concerns, the plan was altered to focus on a single location, a decision that led to the proposed acquisition of land in Mutomo.
Dr. Orina criticized this approach, emphasizing that the state must protect the right to private property ownership and should always opt for the “lesser evil” when such rights are at stake.
In their final remarks, the tribunal reiterated that the National Land Commission has a legal obligation to ensure that any land acquisition complies with the constitution and relevant laws before proceeding.
This ruling has set a significant precedent, reinforcing the rights of landowners and ensuring that government agencies adhere to legal and constitutional requirements in land acquisition matters.
For the residents of Mutomo, this victory is not just a legal triumph but a preservation of their heritage, as many have lived on and farmed the land for generations.
The decision brings an end to months of anxiety and uncertainty, allowing them to continue their lives on the land that holds deep ancestral significance.
The Lands Tribunal, led by Dr. Nabil Orina, delivered a verdict quashing the Commission’s decision, much to the relief and joy of the villagers.
The tribunal found that the National Land Commission failed to meet the necessary legal criteria for the compulsory acquisition of land.
Dr. Orina pointed out that the respondents, including the Commission, Mama Ngina University College, Kenyatta University, the Ministry of Education, and the Commission for University Education, did not adequately demonstrate that the expansion was driven by a genuine public demand for higher education in the area.
The tribunal also highlighted the proximity of other established public universities, such as Kenyatta University and Jomo Kenyatta University, which serve the region.
This raised questions about the necessity and priority of establishing another institution in Mutomo.
A critical point in the tribunal’s decision was the lack of allocated funds for the project.
“It is evident to us that the state was not ready to undertake this acquisition due to the failure to provide the necessary funds that would compensate those whose homes were to be involuntarily taken,” the tribunal’s statement read.
The failure to deposit funds with the commission before the acquisition process meant that residents could be displaced without the financial means to relocate, a situation the tribunal deemed unacceptable.
Mutomo villagers, many of whom have ancestral ties to the land, had vehemently opposed the acquisition.
They argued that there was no public participation and that the forced acquisition was not in the public interest.
The case, originally filed by Giciri Thuo and 151 others, was initially brought before the Environment and Land Court but was later transferred to the Lands Tribunal.
During the hearings, Professor Zipporah Ng’ang’a of Kenyatta University testified, revealing that the original plan for the university’s expansion involved locating it across three different sites—Mutomo Primary School, Kiganjo Polytechnic, and Ruburi Primary and Secondary Schools.
However, due to cost concerns, the plan was altered to focus on a single location, a decision that led to the proposed acquisition of land in Mutomo.
Dr. Orina criticized this approach, emphasizing that the state must protect the right to private property ownership and should always opt for the “lesser evil” when such rights are at stake.
In their final remarks, the tribunal reiterated that the National Land Commission has a legal obligation to ensure that any land acquisition complies with the constitution and relevant laws before proceeding.
This ruling has set a significant precedent, reinforcing the rights of landowners and ensuring that government agencies adhere to legal and constitutional requirements in land acquisition matters.
For the residents of Mutomo, this victory is not just a legal triumph but a preservation of their heritage, as many have lived on and farmed the land for generations.
The decision brings an end to months of anxiety and uncertainty, allowing them to continue their lives on the land that holds deep ancestral significance.
