KeNHA ordered to pay Sh20m over wrongful demolition marks on Lang'ata block

The Environment and Land Court has ordered the Kenya National Highways Authority (KeNHA) to pay Sh20 million in damages to a property developer. This ruling follows a long-running dispute involving a residential apartment block located in Nairobi’s Lang'ata area.

The developer moved to court after KeNHA officials placed "X" marks on the building, signifying it was slated for demolition. The agency claimed the structure sat on land reserved for the Southern Bypass.

These marks triggered immediate panic among existing tenants and potential buyers. The developer argued that the placement of demolition notices was premature, reckless, and lacked a factual basis.

During the proceedings, the court found that the markings were indeed placed in error. Evidence presented showed the apartment block did not encroach on the road reserve as KeNHA had initially alleged.

The court noted that the agency’s actions caused significant financial harm. Prospective buyers withdrew their interest in the units, while existing occupants lived under the constant threat of losing their homes.

The Sh20 million award serves as compensation for the loss of business and the psychological distress caused to the developer. The judge ruled that public authorities must exercise caution when marking private property for destruction.

In its defense, KeNHA had argued it was protecting public land. However, the authority failed to provide surveyors’ reports that conclusively proved the building was within the bypass corridor.

The Lang'ata area has seen several high-profile demolitions in recent years as the government seeks to reclaim road reserves. This ruling sets a precedent for developers who feel their properties are unfairly targeted by state agencies.

The Southern Bypass project, a critical piece of infrastructure, has frequently faced legal hurdles regarding land acquisition. This case highlights the tension between infrastructure expansion and the protection of private property rights.

Legal experts suggest the ruling will force KeNHA and other state agencies to conduct more rigorous surveys before marking buildings. It places a financial burden on the taxpayer for administrative errors made by government officials.

The developer’s legal team welcomed the judgment, stating it vindicates property owners who follow all legal channels for construction. They noted that the "X" marks had effectively frozen the property's market value for years.

KeNHA has not yet indicated whether it will appeal the decision. For now, the authority remains liable for the multi-million shilling payout to the aggrieved developer.