The Mountain Journal
editor@themountainjournal.co.ke
Nanyuki based matatu operators have moved to Environment and Land Court (ELC) to block construction of a multi million shillings mall in their centre of operations.
The Public Service Vehicle (PSV) operators argue that in the plans to approve the establishment of the shopping mall there were no public participation forums held as stipulated by the law.
In the plaint before the court, the PSV operators led by George Martin argue they have invested in the setting up infrastructure among them booking offices and passengers waiting bays to the full knowledge of the County Government of Laikipia.
The plaintiff says he has moved to court on behalf of matatu operators and residents of Nanyuki affected by the unlawful eviction and proposed development on Plot No.Block8/700). The matter is listed for hearing on February 3.
The PSV operators have sued Trojan Six Oil 2019 limited, Kinyua Mwangi, County Government of Laikipia and KeNHA.
The transport players argue that the public risk being permanently displaced, loss of livelihood , access to the public utility and loss of the Nanyuki Public Transport system.
“The Plaintiff and numerous other matatu operators have used Plot No. Block 8/700 in Nanyuki Town as a base of operation for over 15 years. The site includes matatu stages, booking offices, passenger shelters, and waiting bays used by members of the public,” read the court documents
It adds that in August last year, Trojan Six Oil 2019 Limited and Kinyua unlawfully and without any notice, fenced off the suit land and began preparations to develop a commercial complex known as “Boulevard Mall”, despite the continued occupation and use of the land by matatu operators and the public.
The county government, he argues, issued development approvals to the Trojen and Kinyua without conducting any public consultation or stakeholder engagement, contrary to the Constitution of Kenya and the Physical and Land Use Planning Act.
The Plaintiff seeks urgent protection to prevent the loss of their investment alleging that Trojan Six Oil 2019 Limited, and Kinyua Mwangi were involved in a similar development in Isiolo County, where public land was lost after the community delayed seeking legal intervention.
Trojan and Kinyua through Nyeri based lawyer Ng’ng’a Munene Advocates have denied the 13 allegations leveled against them by the petitioner praying the suit be dismissed with costs .
