Landowners who were forcefully relocated to pave way for expansion of the Mombasa-Jomvu road have sued the government. Led by Godfrey Simiyu, Muriithi Jel, Amina Abdu, and John Gitonga, the landowners seek worth millions of shillings before the construction work commences.
They however clarified that they are not opposed to the road expansion project but want to be compensated first before moving out.
“We want to secure our livelihoods as moving out without any compensation would be detrimental to our economic security,” said the landowners through Makori Omboga advocates.
Mr Patrick Kabundu, who is also acting for the petitioners, through the law firm, said that the affected parties ought to be compensated before they surrender their property to the government. He has told the court that government needs to follow the law on compulsory acquisition of private properties.
Selective compensation
The petitioners have also accused National Land Commission (NLC) of selective compensation and claimed that they have been side-lined while some of their neighbours have been compensated for the loss of their businesses and for the acquisition of their property. The four petitioners are demanding a cumulative Sh8.9 million from the government for the demolished properties and acquired land parcels.
“The part payment of compensation and collective eviction for all is discriminatory and detrimental to our rights as small business owners. We are apprehensive that our rights to compensation are being violated. We want use the compensation money as capital to set up their businesses elsewhere and purchase land,” said the petitioners.
The dualing of the Mombasa-Mariakani road project passes through the land where the petitioners’ residences and businesses are located. The expansion of this road is one of the multibillion-shilling infrastructural projects currently ongoing in Mombasa to change the face of the port city, boosting its prospects in transport and tourism. Mombasa-Jomvu road bit is the first phase of the dualling of the 41.6-kilometre road project.
Upon completion, the road will facilitate easy access to the Mombasa port and ease freight transport originating or destined for Nairobi and other regional countries in East Africa.
