Bomas of Kenya has not received Sh85 million in compensation for land that was hived off for the expansion of Lang’ata Road more than eight years ago.
Peter Gitaa, the Bomas chief executive, told MPs that the Kenya Urban Roads Authority (Kura) has failed to compensate it.
“We have not received any cent. The Attorney-General said a government agency can’t pay another one and therefore cannot sue,” Mr Gitaa told the Public Investments Committee (PIC).
The government cultural village in July 2020 agreed to withdraw a case it filed against Kura for what it had said was the illegal acquisition of its land.
Attorney-General Paul Kihara Kariuki had earlier told the Tourism ministry in an advisory opinion that the 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,” Mr Kariuki told MPs in a brief presented to Parliament on June 10, 2020.
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) directed the 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.
The then 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.
