The Land Acquisition Tribunal has dismissed a KSh3.9 billion compensation claim filed by the Registered Trustees of Jamia Mosque against the Nairobi City County Government over a disputed 5.14-acre parcel of land at the Globe Cinema Roundabout.

In a judgement that could reshape the handling of compulsory land acquisition in Nairobi, the tribunal also quashed five Gazette Notices—Nos. 5402 and 10279 of 2021, 207 and 15995 of 2022, and 641 dated January 19, 2023—issued by the National Land Commission (NLC) to facilitate the acquisition.

The trustees had sought compensation for the land, which has been in public use as a matatu terminus following directives by the now-defunct Nairobi Metropolitan Services (NMS). However, the tribunal found that the acquisition process lacked proper authorization from the county government.

The decision marks a significant win for City Hall, which has consistently distanced itself from the compensation claim, arguing it neither initiated nor approved the NLC’s actions.

Background

The dispute over the Globe Cinema Roundabout land centers on a claim by the trustees of Jamia Mosque, who assert ownership of the strategic 5.14-acre parcel. The site, located at one of Nairobi’s busiest intersections, has long served as a matatu terminus under a decongestion plan introduced by NMS.

The NLC published a series of Gazette Notices between the year 2021 and 2023 indicating intent to acquire the land on behalf of Nairobi County. However, the county government quickly objected, stating it had never requested or authorized the acquisition.

In an affidavit drawn and filed by county lawyer Ms. Christine Ireri, the County Executive Committee Member for Urban Planning, Mr Patrick Mbogo, averred that the acquisition had not been included in the county’s budget or Integrated Development Plan (CIDP). He further affirmed that the NLC’s actions lacked the necessary executive authority required under the Law.

City Hall also clarified that it had not inherited the process from NMS, emphasizing that its legal predecessor remains the now-defunct Nairobi City Council—not the temporary NMS agency formed in 2020.

NLC through lawyer Titus koceyo argued that Jamia Mosque retains ownership of the land and that no formal takeover had occurred, the tribunal’s ruling is a legal reprieve for the county government—for now.