The National Land Commission (NLC) has approved an Early Entry Request by the Kenya National Highways Authority (KeNHA), allowing construction to begin on the new Nithi Bridge alignment even before land compensation is fully settled.

🇰🇪 Breaking It Down

The approval was confirmed by KeNHA after a sensitisation meeting with the NLC in Tharaka Nithi County on July 1, jointly led by the County Commissioner, KeNHA and the NLC, who issued Early Entry notices as land acquisition advanced.

“The Kenya National Highways Authority (KeNHA) has received approval from NLC  to commence construction on the new alignment of Nithi Bridge through an Early Entry Request, pending the completion of land acquisition and compensation for affected property owners,” stated KeNHA.

The approval means KeNHA can now access the required parcels and keep the project moving, without waiting for every payment to landowners to be finalised first.

📌 What You Need to Know

With this in mind, it implies that the NLC invoked Section 120 (2) of the Land Act, a legal provision that allows the government to take possession of private land before compensation is paid, provided the project qualifies as urgent.

That section of the law states that where delaying acquisition through normal procedures would be contrary to the public interest, the Commission may take possession fifteen days after publishing its notice of intention to acquire.

“If the acreage of any land is found to be less than the area specified in an award, the Commission shall deduct the corresponding amount from any part of the compensation that remains unpaid or, if the compensation has been paid in full, the Commission shall recover the overpayment as a debt,” states the act.

By using this clause, authorities have effectively classified the Nithi Bridge project as urgent, arguing that further delays would hurt the wider public interest.

Back in May, the NLC had already published a notice for compulsory acquisition covering 65 parcels of land measuring roughly 30 acres within the project area.

KeNHA indicates that the parcels to be acquired total 50, cumulatively stretching 10.51 hectares, according to a Gazette Notice dated May 15.

📰 Source: Kenyans.co.ke