The government has been directed to pull down the Pangani footbridge on Thika Road within three months after a tribunal ruled that the structure was erected on private land without compensation.
The Land Acquisition Tribunal found that part of the footbridge occupies property belonging to the Sheikh Fazal Ilani Noordin Charitable Trust, beyond the land Kenya National Highways Authority (Kenha) had acquired for the Nairobi–Thika Road Project.
“The remedy is demolition,” tribunal chair Dr Nabil Orina declared, ordering the government to clear the bridge. The tribunal further instructed Kenha to pay Sh500 million for land compulsorily taken for the project.
Although the State had offered Sh53.5 million in 2008, the amount was never paid.
On top of the Sh500 million, Kenha is required to settle Sh75 million as disturbance allowance, Sh300 million in general damages for trespass, Sh5 million in aggravated damages, and Sh50 million for encroachment.
The authority must also remove soil and construction waste deposited on the trust’s land within 90 days and present a compliance report within 100 days.
The tribunal also directed Kenha to pay Sh15 million annually in trespass charges dating back to 2009.
Dr Orina, together with tribunal members George Supeyo and Ruth Okal, said the land under the structure was never included in the compulsory acquisition process.
The ruling noted that the trustees had repeatedly sought clarification from Kenha with no response. The National Land Commission admitted the acquisition procedure was flawed and advised that the matter should be redone to ensure lawful compensation.
