In court records, the families say the government did not conduct any public participation until they reserved their 400 acres for forced acquisition.
As a result, they have the National Lands Commission (NLC), mom ., sued Ngina University College, Kenyatta University, Ministry of Education and the Commission for University Education (CUE), listing the Kenya Human Rights Commission as an interested party.
In the case filed with the Environment and District Court in Thika, the families want the government not to seize their land, arguing that some of the landowners are elderly, while there are around 100 graves in the country.
“Due to the land shortage, petitioners have and the deceased parents and relatives of other residents are buried on these properties, and it would be unethical and dehumanizing for residents to exhume the bodies for removal.
“We also have vulnerable, old and ailing residents who are 80 to 100 years old have come to this village. Others are over 60 years old while others are 40 to 60 years old and all rely on their loved ones for their needs, particularly medical ones. These people cannot be evicted to start a new life as this leads to an early and premature death, “the lawsuit states.
Claims for compensation
On 27 Last September, local residents say they woke up in the Kenya Gazette Special Volume Edition CXXIII that their legally acquired land must be forfeited to the administration of the college.
“There were details of their names, Lot numbers and approximate areas of the parcels to be taken. We understood that this was the first phase and that a second phase is imminent, ”the lawsuit said.
On December 20, the NLC, on behalf of the Department of Education, published another notice in which about 160 residents Attend scheduled hearings on compensation claims for the land needed for college.
The hearings are scheduled to take place in four rounds starting Tuesday, January 25, at Mutomo Chief’s Camp from 9:30 a.m. to Friday.
“Anyone interested in the affected country must provide the NLC with a written claim for compensation, a copy of ID, a personal identification number (PIN) and property documents and bank account details on or before the day of the request. < / p>
The residents now want the process to be stopped so that they can be heard and the compensation discussed.
“The petitioners were, despite them owner of the property are never consulted, involved, or discussed the issue of obtaining compensation with the NLC or the college, Kenyatta University, Department of Education or the Commission for University Education (CUE) for the alleged acquisition of their land.
< The matter was first brought to the Ministry of Justice, BM Eboso, in November of last year, under an Urgency Certificate. On November 26, the judge ordered the defendants to file and serve their replies and opened a hearing for December 20 .
However, the judges took the break, forcing the matter to be postponed to January 31st.
Attorney General Paul Kihara Kariuki has since opposed the orders requested by the families Pronounced on the grounds that the government has the unrestricted right to significant possession and compulsory acquisition in accordance with the provisions of Article 40 paragraph 3 of the Constitution and Part VIII of State Law No. 6 of 2012.
The AG further argues that the petition is premature as the petitioners are contesting a preliminary declaration of intent to acquire, issued under Section 107 of the State Law.
“As a result, conservatory orders cannot be placed because the reasons given are based on questions that will be clarified in the subsequent phases of the acquisition process, as required by law.”
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