A Mombasa court has declined to order the Treasury to release Sh500 million compensation to a claimant for a disputed piece of land acquired by the government for the construction of the Standard Gauge Railway (SGR) in Miritini area.
This is after Monica Wambui Kamau, who is the administrator of the estate of James Kamau Thiongo, through lawyer Ndegwa Wamuti, sought orders to have the compensation released into her personal account.
The Thiong’o kin filed a suit seeking to stop African Gas and Oil Company Ltd (Agol) from being compensated saying they were not the legitimate owners of the land.
Environment and Land Court judge Anne Amollo in her ruling said issuing such orders would conflict her earlier directions that the money be deposit in an escrow account.
The claimant want the money released to National Land Commission (NLC) to facilitate the payout. “It would be premature to issue orders sought without considering all the applications made in the court,” said Justice Omollo.
However, counsel Micheal Oloo, representing Agol, filed a notice of preliminary objection on grounds that the petitioner’s claim for compensation can only be remedied in a civil suit and not through a constitutional petition.
The land has been the subject of an inquiry at public hearings in Mombasa conducted by the NLC.
The matter will be heard on February 16 .
