NAIROBI — A Sh3.9 billion land compensation claim filed by Jamia Mosque trustees has been thrown out by Kenya’s Land Acquisition Tribunal, ending a drawn-out legal battle over one of Nairobi’s most congested transport hubs.
In a ruling delivered on Wednesday, the tribunal dismissed the claim over a 5.14-acre plot at the Globe Cinema Roundabout, saying Nairobi County had not authorised its acquisition.
The site, now serving as a matatu terminus, became a point of contention after the now-defunct Nairobi Metropolitan Services (NMS) earmarked it for public use during its city decongestion drive.
But the tribunal sided with the county government, which had argued it never asked for the land to be acquired and was not part of the process.
“A matter of executive authority”
The case stemmed from a series of Gazette notices issued between 2021 and early 2023 by the National Land Commission (NLC), signalling its intent to acquire the land on behalf of Nairobi County. These included Notices Nos. 5402 and 10279 of 2021, 207 and 15995 of 2022, and 641 from January 2023.
City Hall quickly objected.
According to court documents, Patrick Mbogo, the County Executive in charge of Urban Planning, swore an affidavit confirming that the acquisition had never been planned, budgeted for, or included in Nairobi’s Integrated Development Plan.
“The process lacked approval and was not initiated by the county,” said Christine Ireri, a lawyer representing Nairobi County. “The Gazette notices were issued without the legal backing required under the Constitution and relevant land laws.”
The county further argued that NMS a temporary agency created in 2020 under a power-sharing agreement between the national and county governments had no legal mandate to bind the county to land transactions.
A contested legacy
At the heart of the dispute is a deeper question about what legacy, if any, NMS left behind.
Though widely credited with restoring some order to Nairobi’s chaotic city centre, the agency’s legal status was murky. It operated outside the formal county structure and was dissolved in 2022 after a two-year run.
Lawyer Titus Koceyo, representing the NLC, countered that the trustees of Jamia Mosque remained the rightful owners of the land, and that no formal transfer had taken place. He argued that public use of the land did not amount to lawful acquisition.
Even so, the tribunal ruled that the process was fundamentally flawed. Without formal county involvement, it said, the acquisition could not stand.
What next?
The decision offers a reprieve for City Hall, which has struggled with ballooning land-related liabilities.
But for Jamia Mosque’s trustees, it’s a major setback. With the tribunal rejecting their compensation claim, they are left with few options though an appeal could still be filed.
The ruling also sends a clear message to both landowners and government agencies: due process matters, even in the name of public good.
As Nairobi continues to expand, battles over land are unlikely to fade. This case, though, will be remembered as a reminder that even in a city in flux, rules must still be followed.
