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Landowners supporting the expansion of Mama Ngina University at Mutomo village in Gatundu South, Kiambu county yesterday rejected a court order that declared the acquisition of their parcels as illegal and unconstitutional.

Expansion of the facility named after the former first lady of Kenya has been facing uncertainties after a divergent group whose ancestral land was at risk won a fierce legal challenge against the acquisition.

In its August 12 ruling, the Land Acquisition Tribunal led by Dr Nabil Orina, ruled in favour of the petitioners, effectively halting any further progress on the university’s expansion.

The tribunal disapproved the Commission for University Education (CUE), the first respondent in the petition, for failing to satisfy the legal requirements for compulsory land acquisition.

It would further criticize the National Lands Commission (NLC) for failing in its duty by approving the land acquisition request. The constituent college of Kenyatta University is tucked about 100 meters off Kenyatta Road in Mutomo village, and about 14.5km from Thika Road.

Higher learning

The ruling stated that expansion of the university was not necessary as there are major higher learning institutions nearing the village among them Kenyatta University and Jomo Kenyatta University of Agriculture and Technology.

“A declaration that the decision/process to acquire additional land for the 2nd Respondent by the 1st Respondent from the Petitioners being devoid of the principle of public participation is illegal, unconstitutional, null and void. A declaration that the decision/process by the 1st respondent published vide the gazette notice no 10278 dated September 21, 2021, intending to compulsorily acquire additional land for the 2nd respondent is illegal, unconstitutional, null and void.

An order of CERTIORARI to quash the decision/process by the first respondent contained in the gazette notice no 10278 dated September 27 2021 intending to compulsorily acquire additional land for the 2nd respondent from the petitioners and the other residents of Mutomo Village. A declaration that the 2nd Respondent is a private entity and cannot acquire land compulsorily,” sections of the ruling read.

However, a group of landowners supporting the expansion of the university have rejected the ruling saying they had not been enjoined in it and would do everything possible to facilitate expansion of the facility.

The landowners who had ceded their plots and received awards from NLC have been waiting for Sh2.2 billion compensation before the university kickstarts its expansion bid.

University expansion

Speaking during a heated meeting at Mutomo town, the irate landowners led by Harun Gacheru, Mary Njau and Kung’u Kibathi took issue with villagers opposed to the university expansion plans terming them as enemies of development.

They described the expansion of the university as an eye-opener and one that would spur socioeconomic development in the area. Already, the locals stated that land value in the remote village has doubled in value and should the university be expanded as planned, locals would enjoy greater economic benefits.

“Locals will enjoy social-economic benefits if this facility is expanded. What landowners want is just compensation as they had willingly ceded their parcels to facilitate the expansion. The future of this village will be determined by whether or not the university will be expanded,” said Kibathi.