The Lower Eastern Times Opening The Third Eye
Related Articles
The Land Acquisition Tribunal has rejected a Sh3.9 billion compensation claim filed by the Registered Trustees of Jamia Mosque against the Nairobi City County Government over a contested 5.14-acre plot near the Globe Cinema Roundabout.
Click here to join our WhatsApp Channel
In a ruling that could set a precedent for future compulsory land acquisitions in Nairobi, the tribunal also annulled five Gazette Notices—Nos. 5402 and 10279 of 2021, 207 and 15995 of 2022, and No. 641 issued on January 19, 2023—published by the National Land Commission (NLC) to facilitate the acquisition process.
The trustees had demanded compensation for the land, currently used as a public matatu terminus under directives from the now-defunct Nairobi Metropolitan Services (NMS). However, the tribunal found that the acquisition process lacked proper authorization from the county government.
This decision marks a notable legal victory for Nairobi City Hall, which has consistently argued it neither requested nor approved the NLC’s acquisition efforts.
Background
At the heart of the dispute is a 5.14-acre plot at the busy Globe Cinema Roundabout, which Jamia Mosque claims to own. The parcel has been in public use as a matatu terminus as part of NMS’s urban decongestion efforts.
The NLC issued a series of Gazette Notices from 2021 to 2023 announcing plans to acquire the land on behalf of the county. However, Nairobi County officials quickly distanced themselves from the move, stating that they never initiated or endorsed the acquisition.
In an affidavit filed by county legal representative Christine Ireri, Urban Planning CEC Patrick Mbogo stated the acquisition was not part of the county’s budget or its Integrated Development Plan (CIDP). He further asserted that the NLC acted without the executive approval required by law.
City Hall also clarified that it did not inherit the process from NMS, emphasizing that the defunct Nairobi City Council, not the temporary NMS agency, remains its legal predecessor.
Although NLC, represented by lawyer Titus Koceyo, maintained that Jamia Mosque is still the rightful landowner and that no formal handover had occurred, the tribunal’s ruling offers temporary legal relief to the Nairobi County Government.
