The Land Acquisition Tribunal has ordered the demolition of the Pangani footbridge on Thika Road within 90 days, ruling that part of the structure sits on private land without proper compensation.
The tribunal determined that the bridge encroaches on property owned by the Sheikh Fazal Ilani Noordin Charitable Trust, extending beyond the land the Kenya National Highways Authority (KeNHA) had lawfully acquired for the Nairobi–Thika Road Project.
“The remedy is demolition,” tribunal chair Dr. Nabil Orina declared, stressing that the footbridge’s occupation of the trust’s land is unlawful.
Compensation Awarded
In its ruling, the tribunal ordered the government to pay Ksh500 million for the land compulsorily acquired for the road project, pointing out that an earlier offer of Ksh53.5 million in 2008 had never been disbursed.
The trustees will also receive Ksh75 million for disturbance, Ksh300 million in general trespass damages, Ksh5 million in aggravated damages, and Ksh50 million for encroachment.
Orders to KeNHA
KeNHA must also clear soil and construction debris from the property within three months and submit a compliance report within 100 days.
The tribunal also directed KeNHA to pay Ksh15 million annually for trespass, backdated to 2009.
Dr. Orina, together with tribunal members George Supeyo and Ruth Okal, emphasized that the land beneath the footbridge was never part of the compulsory acquisition process.
Flawed Acquisition Process
The ruling noted that the trustees had repeatedly written to KeNHA seeking clarification but received no response. It further highlighted that the National Land Commission admitted the acquisition process was flawed.
The tribunal concluded that the acquisition must be redone to ensure lawful compensation and to reinforce the importance of following proper procedures in future public infrastructure projects.
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