Bomas loses 7-year fight for Sh85m land compensation

The Bomas of Kenya has lost its battle for Sh85 million in compensation for land that was hived off to pave the way for the expansion of Lang’ata Road.

The government cultural village has agreed to withdraw a case it filed against Kenya Urban Roads Authority (Kura) for what it said was the illegal acquisition of its land.

Attorney-General Paul Kihara Kariuki told the Tourism ministry in an advisory opinion that a State agency could not compulsorily acquire land belonging to another government entity.

Therefore, the AG advised, the issue of compensation for the same could not occur, sinking the Bomas of Kenya’s seven-year fight for compensation.

“It is on this premise that all the parties agreed to withdraw the case from court,” states a brief presented to Parliament on June 10.

In what could have set precedence, Bomas had sued the Attorney-General and Kura for failing to pay Sh85 million in compensation for land that was hived off in 2013.

Kura and the National Land Commission (NLC) acquired 0.8055 hectares or about two acres of Bomas of Kenya land to upgrade the city road.

The National Assembly’s Public Investment Committee (PIC) said Kura and NLC had not compensated Bomas of Kenya for the land as of June 10, 2020.

PIC chairman Abdulswamad Nassir (Mvita MP) wants Head of Public Service Joseph Kinyua to intervene and settle the compensation dispute.

“Considering the government policy that government entities should not sue each other, the Head of Public Service should convene a meeting between the aggrieved parties and resolve the matter within three months of the adoption of this report,” said Mr Nassir in a report on the audited financial statements for 48 State corporations tabled in Parliament last Wednesday.

Bomas of Kenya general manager Quresh Ahmed surprised the PIC in May 2019 when he disclosed that he had sued the Attorney General and Kura for failing to pay compensation for the land.

The land was hived off LR No 12066 for rehabilitating and upgrading a section of Lang’ata Road between the Kenya Wildlife Service head office and Bomas of Kenya junction. Bomas expected Sh85 million for the acquisition based on a valuation done by a local firm.