The Court of Appeal yesterday reserved its judgement in a five-year dispute between 29 residents of Runda Mimosa in Nairobi and the government over the expansion of the Sh8 billion Northern Bypass.
The aggrieved residents told Appellate judges William Ouko, Fatuma Sichale and James Otieno-Odek that the road has already been completed, opened for public use and left enough space on the sides without interfering with their properties.
The property owners, including Kitui Senator David Musila, are challenging the order issued by High Court judge Mumbi Ngugi on April 25, 2013 to surrender portions of their land for the road’s expansion.
They were required to give up 20 metres of their land for the construction of the highway. The residents had sued the Attorney General, the Lands and Road ministries, the Kenya National Highways Authority (KenHa) and the Kenya urban Roads Authority (Kura).
The State agencies claimed that the government acquired the land from the three original owners in 1970 and later leased some portions to private property developers in 2003.
The dispute started in 2010 when the government earmarked some of the properties for demolition to recover the 20 extra metres of the road width. The 21km road connects Ruaka trading centre to Limuru Road and Kiambu Road passes through Runda.