The expansion plans for Mama Ngina University College in Mutomo village, Gatundu South, have hit a significant obstacle after the Land Acquisition Tribunal blocked attempts to acquire additional land.
The university, established in 2019 on a 10.3-acre plot, had ambitious plans to grow, requiring an additional 40 acres from the surrounding area—a move that would have impacted at least 180 households.
Residents of Mutomo village, the rural home of President Uhuru Kenyatta, were slated to receive at least Ksh10 million each for a 100x100ft plot (a quarter of an acre) to facilitate the expansion. This amount fell short of their target of Ksh16 million for the current financial year.
The National Lands Commission (NLC), acting on behalf of the Ministry of Education, had issued a Special Gazette Notice seeking to acquire these land parcels. However, local residents, whose ancestral land was at risk, launched a fierce legal challenge against the acquisition.
On Monday, the Lands Tribunal, led by Dr. Nabil Orina, ruled in favour of the petitioners, effectively halting any further progress on the university's expansion.
The Tribunal criticised the Commission for University Education (CUE), the second respondent in the petition, for failing to satisfy the legal requirements for compulsory land acquisition. The Tribunal noted that the NLC had also faltered in its duty to approve the land acquisition request.
The Tribunal questioned the necessity of the university’s expansion, pointing out that Kenyatta University and Jomo Kenyatta University of Agriculture and Technology, both major institutions, are located nearby. Additionally, the State's failure to allocate funds for the land acquisition was a crucial factor in the ruling.
Dr. Orina remarked, "It is evident to us that the State was not ready to undertake this acquisition for the failure to provide the necessary funds that would compensate those whose homes were to be involuntarily taken."
The legal challenge brought by the affected residents highlighted concerns about public interest and the adherence to constitutional and statutory requirements for land acquisition. The Tribunal pointed out that the proposed acquisition did not align with these criteria, rendering the NLC’s actions null and void.
“We determine that the impugned intention to acquire land for the expansion of the 2nd Respondent (Mama Ngina University College) failed to meet the Constitutional and Statutory criteria for compulsory acquisition of land. The Commission failed in its mandate in approving such a request,” ruled the Land Acquisition Tribunal.
The ruling not only stopped the university's expansion but also set a precedent regarding land acquisition processes.
The Tribunal issued a declaration that the NLC's notice of intent to acquire the land was in violation of the Constitution and the Land Act, thereby invalidating the notice. An order of certiorari was also issued, quashing the NLC's decision to acquire land from the petitioners and other residents of Mutomo Village.
The university’s management now faces an uncertain future regarding its expansion plans and has yet to comment on the ruling.
