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Roads and SG
Njung'e
#21 Posted : Wednesday, January 19, 2011 11:54:49 AM
Rank: Elder

Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
My understanding is that the government has invoked Kenyan law to acquire this land for road expansion and will compensates legitimate owners of the land as per the current market value of their property.....Sasa nyef nyef ni ya nini?


Nothing great was ever achieved without enthusiasm.
Obi 1 Kanobi
#22 Posted : Wednesday, January 19, 2011 11:59:32 AM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
I think it makes more sense to pull down properties on the Libra House side (on a compensation basis). Can you try to imagine how much it will cost the taxpayer to forcefully aquire Sameer Park, Tulip House, The Standard Centre, the next building, Panari Hotel etc. The other side has Libra house, vitafoam, stone factory (under construction), Subaru Kenya and Simba Colt.

You can guess which side's cheaper. But thats me (the tax payer), who said the gava cares about costs, when the money run's out they will ask me for more.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
FundamentAli
#23 Posted : Wednesday, January 19, 2011 12:33:43 PM
Rank: Veteran

Joined: 11/4/2008
Posts: 1,289
Location: Nairobi
Um Sayala wrote:
Billionaire wrote:
it is not SG targeted. sameer should be complaining more, it's only that KTN highlighted their premise more than the rest.


Tell me why Libra house is cleverly curved out of the planned acquisition and Ill believe that there was no external influence.


Libra house is behind a service lane. The neighbour on the next door is unfortunate as he is directly opposite enterprise road and whatever manouvers they have in mind, he will be affected
Mpenzi
#24 Posted : Wednesday, January 19, 2011 12:46:08 PM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
Obi 1 Kanobi wrote:
I think it makes more sense to pull down properties on the Libra House side (on a compensation basis). Can you try to imagine how much it will cost the taxpayer to forcefully aquire Sameer Park, Tulip House, The Standard Centre, the next building, Panari Hotel etc. The other side has Libra house, vitafoam, stone factory (under construction), Subaru Kenya and Simba Colt.

You can guess which side's cheaper. But thats me (the tax payer), who said the gava cares about costs, when the money run's out they will ask me for more.


Until we have all the facts we cant assume that whole buildings will have to be brought down. In some cases, it might be merely parts of the land adjoining the buildings that are being compulsorily acquired by the Government under article 40(3) of the Constitution and the Land Acquisition Act (with prompt and full compensation) and not the buildings themselves. The owners have been invited to make their submissions to the Commissioner of Lands with regard to the intended acquisition by the Government and hearings on the same will be held in March. In addition, the owners have recourse to the courts under Article 43(3)(b) of the Constitution in case they wish to challenge the acquisition. The Government has done this in respect of so many properties in the past, the most recent being the compulsory acquisition of land to allow for the expansion of Thika Road. So let us not jump the gun.

NB: Nobody should mix up this issue with that of demolition of buildings on illegally acquired land.
Obi 1 Kanobi
#25 Posted : Wednesday, January 19, 2011 12:49:43 PM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
FundamentAli wrote:
Um Sayala wrote:
Billionaire wrote:
it is not SG targeted. sameer should be complaining more, it's only that KTN highlighted their premise more than the rest.


Tell me why Libra house is cleverly curved out of the planned acquisition and Ill believe that there was no external influence.


Libra house is behind a service lane. The neighbour on the next door is unfortunate as he is directly opposite enterprise road and whatever manouvers they have in mind, he will be affected


It does not matter whether its behind a service lane or not, assuming it can be utilised, the gava should go for the cheapest and least disruption to wananchi when carrying out this 'forceful acquisitions'
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
mjuaji wa stocks
#26 Posted : Wednesday, January 19, 2011 12:54:34 PM
Rank: Member

Joined: 1/16/2010
Posts: 672
Location: nairobi
Who owns libra House????



My only concern with this compulsary acqusation thing is......no investor is guaranteed of their property...


What will make a gava not compulsary acquire land for political reasons??

God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!

Mpenzi
#27 Posted : Wednesday, January 19, 2011 1:01:55 PM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
mjuaji wa stocks wrote:
Who owns libra House????



My only concern with this compulsary acqusation thing is......no investor is guaranteed of their property...


What will make a gava not compulsary acquire land for political reasons??



There are limits imposed by the Constitution on compulsory acquisition of land by the Government. These limits are set out in Article 40(3) of the Constitution (in the old Constitution this was under section 75). The Govt must show that the acquisition is being done for a public purpose or in the public interest and the acquisition must be accompanied by prompt payment in full of just compensation to the owner. In addition the procedure for acquisition set out in the Land Acquisition Act must be followed to the letter.
mjuaji wa stocks
#28 Posted : Wednesday, January 19, 2011 1:18:14 PM
Rank: Member

Joined: 1/16/2010
Posts: 672
Location: nairobi
@Mpenzi

Hiyo katiba ni kuandikwa imeandikwa!!!

Implementing it is a different thing....


For what public interest is it destroying businesses that are major employers of the same public....

When you say public interest ...... who decides what public interest is????

The mentioned businesses are among the biggest employers ...e.g safcom.

Such simple thinking cant convince me.....

Before wabomoe ..... wajenge southern bypass ya kutoka athi river-ngong-kikuyu-wangige...

Let them bring this bypass to life with the money for compensation money that they are saying watapea the owners of those businesses...

Anything else itakuwa a great misappropriation of my money .... kama taxpayer!!Shame on you Shame on you Shame on you Shame on you

God gave me the power to make wealth ... Blessed the work of my hands & enabled be A SELF MADE BILLIONAIRE ...... TO GOD THE FATHER OF MY LORD JESUS CHRIST; BE THE GLORY NOW & FOREVER MORE!

Mpenzi
#29 Posted : Wednesday, January 19, 2011 1:23:47 PM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
mjuaji wa stocks wrote:
@Mpenzi

Hiyo katiba ni kuandikwa imeandikwa!!!

Implementing it is a different thing....


For what public interest is it destroying businesses that are major employers of the same public....

When you say public interest ...... who decides what public interest is????

The mentioned businesses are among the biggest employers ...e.g safcom.

Such simple thinking cant convince me.....

Before wabomoe ..... wajenge southern bypass ya kutoka athi river-ngong-kikuyu-wangige...

Let them bring this bypass to life with the money for compensation money that they are saying watapea the owners of those businesses...

Anything else itakuwa a great misappropriation of my money .... kama taxpayer!!Shame on you Shame on you Shame on you Shame on you



It matters not what you think or say. It is trite law that governments the world over have the power to compulsorily acquire land - they gave it out in first place anyway. As to what is 'public interest' or 'public purpose' that that is for the courts to decide but you can be sure that construction of a public road is definitely a public purpose! That is not to say that the Govt should not consider the least expensive way of compulsorily acquiring land eg considering whether any re-routing of the planned expansion is feasible.
alma
#30 Posted : Wednesday, January 19, 2011 1:35:42 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
My goodness. This is not a groundbreaking law.

It is all over the world. In fact, Kenyas is more lenient as it is grounded in the constitution.

All land that you "own" belongs to gov't who are the people of Kenya. You have a right to that land as per the laws of the land. Part of the laws of the land say that the gov't can repossess your land in certain circumstances. The public good is one of them.

So if the gov't deems that taking this land is for the public good, then that is just the way it is.

now instead of coming up with public statements that the gov't wants to finish your people, get a good lawyer and make sure you don't miss the March sittings where you can air your grievances to the lands board.

One of your excuses should not be that you will lose business as the gov't will say that they will compensate you for the same.

Unless of course you are not the "true" owner of the land and know you may never be compensated for land irregularly acquired.

Safaricom is not affected. It is not the owner of the property. They will pack up and look for another building to lease.

Thousands of people's property were acquired along Thika road, what is so special about KTN that we should apply different standards in their case.

Mombasa road needs to be expanded like yesterday. Don't buy land next to it. As soon as the roads are over, next will come a railway line.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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