The planned expansion of Mama Ngina University in Mutomo village, Gatundu South, has encountered a significant obstacle after the Lands Tribunal stopped efforts to acquire additional land.
The university, established in 2019 on a 10.3-acre parcel, was seeking to expand by acquiring 40 acres of adjacent land, a move that would have affected around 180 households.
The expansion is part of a broader vision for the institution, which was initiated by the late former MP Joseph Ngugi.
In a Special Gazette Notice, the National Land Commission (NLC), on behalf of the Ministry of Education, announced plans to acquire land from approximately 180 households to facilitate the university’s expansion.
However, some residents opposed the plan and challenged it in court.
The legal battle culminated on Monday when the Tribunal, chaired by Nabil Orina, ruled in favour of the petitioners, halting any further attempts to acquire the land.
The Tribunal found that Mama Ngina University College, the second respondent in the case, did not meet the constitutional and statutory requirements for compulsory land acquisition.
It also criticized the NLC for failing to properly execute its mandate in approving the land acquisition request.
The Tribunal noted that the Commission for University Education (CUE) had not demonstrated a demand for a new university in the area, especially given the proximity of Kenyatta University and Jomo Kenyatta University of Agriculture and Technology (JKUAT).
Furthermore, it highlighted that no funds had been allocated for the land acquisition, and there were no clear timelines for when such funds might be made available.
Orina concluded that the State was unprepared for the acquisition process.
As a result, the Tribunal declared NLC’s Gazette Notice 10278 of 2021 null and void, citing violations of Article 3 of the Constitution and Sections 107, 110(1), and 111(1A) of the Land Act.
The ruling was met with jubilation by the petitioners, led by Margaret Njeri, who had fought against the compulsory acquisition.
Njeri emphasized that the residents were determined not to leave their ancestral land, which holds deep emotional significance, including the graves of their forefathers.
She also criticized the NLC for failing to conduct proper public participation and not reaching a consensus with the community.
This decision is a setback for the 179 locals who had agreed to cede their quarter-acre plots, expecting to receive KSh 2.12 billion in compensation.
In May 2022, the NLC brokered a deal to resolve the compensation dispute between the Mutomo Land Owners Association and the government.
Mama Ngina University, a constituent college of Kenyatta University, is located about 100 meters off Kenyatta Road in Mutomo village, approximately 14.5 kilometres from Thika Road.
