The government’s plan to compulsorily acquire 40 acres of land in Mutomo village, Gatundu South, for the expansion of Mama Ngina University College has been halted after a tribunal ruled in favor of locals. The Land Acquisition Tribunal declared the process unconstitutional since local residents were not adequately consulted.
The Tribunal, chaired by Dr. Nabil Orina, faulted the NLC for failure to adhere to all procedures in law that would have culminated in the issuance of a Gazette Notice for land acquisition. It insisted that there must be full justification of the project through consideration of alternative options, proof of the availability of funds, and consistency or integration with existing and future land use plans. Also cited was the inclusion of affected communities and adherence to environmental management regulations in the process.
“In conclusion, we determine that the impugned intention to acquire land for the expansion of the 2nd Respondent, Mama Ngina University College, did not meet the Constitutional and Statutory threshold for compulsory acquisition of land,” noted Dr. Orina, and Mr. George Supeyo of the tribunal.
The tribunal further indicated that no funds had been set aside for the land acquisition, hence raising questions over the prioritization and necessity of the project. Because the Ministry of Education did not acquire funds for the project, it suggested to the tribunal that there had to have been a lack of urgency or importance for the project.
While it was upon Kenyatta University, the mother institution under which Mama Ngina University College falls, to redesign the location of the college, the tribunal ruled that there was no need and justification to forcefully evict a large number of residents in Mutomo Village—most of whom had ancestral ties to the land. It saw the initial plan of establishing the college at Mutomo Primary School and use Kiganjo Polytechnic and Ruburi Primary School as Campuses changed to a single location in Mutomo due to cost factors. The university sits at approximately 7 acres and Mutomo Primary School next to it occupies an extra 3 acres.
It pointed out that the government failed to show any public demand for the expansion of the university, more so considering the proximity of other public universities such as Kenyatta University and Jomo Kenyatta University of Agriculture and Technology.
In this case, 152 residents had protested against the compulsory acquisition of their land, arguing that nobody was consulted during this process. This ruling is considered a win for the residents to mean their voices will now be heard and their rights protected in matters to do with land acquisition.