The National Environment Management Authority (NEMA) has intervened in the controversial allocation of land belonging to the Kenya Railways Corporation, halting development on land in Nairobi’s Industrial Area currently held by private developers.
The corporation’s land allocation spree has caused an uproar among some corporations, accusing developers of obstructing the drainage system and water lines.
Last week, BAT, East Africa Breweries Limited, the Automobile Battery Manufacturer (ABM), British American Tobacco, and Print Pak protested that a private developer allocated land by the corporation had completely blocked the drainage system and exit doors, posing a risk to workers.
“An improvement notice was issued requiring the proponent to submit to NEMA all the relevant approval documents on Monday, July 22, 2024,” NEMA Director General Mamo Mamo stated.
The developer was fined Sh250,000 for operating without the necessary licenses. NEMA has also asked the developer to submit a commitment letter indicating their intention to comply with the improvement notice issued. Officials from the National Construction Authority visited the sites and ordered the developer to halt any construction activities.
Management of the affected industries has reported that Kenya Railways allocated a parcel of land to a developer who has covered the sewer lines. “We are deeply concerned. The area has been backfilled, and we worry that any heavy rainfall could impact our drainage system,” said ABM’s engineering manager, Wilson Olando.
Kenya Railways Managing Director Phillip Mainga has denied allocating the land to any developer, calling the claims misleading and uninformed. “No, we have not given that land to anyone. It is our land. If there are issues about drainage, those are the responsibilities of other government agencies,” he stated.
On a recent site visit, NEMA observed that the Kenya Railways line passes through the land. Heaps of backfilling materials were present, and construction work was ongoing with an excavator compacting the backfill. Neighbors have complained that, despite raising concerns with Kenya Railways, no response has been provided, and the developer has continued building.
“The development is illegal. The developer has proceeded without an environmental assessment report. Despite our serious concerns, everything continues as normal,” Olando added.
Mainga reiterated that his office has not received any complaints from neighboring industries. “This issue has been widely discussed, but I continue to affirm that the land is ours. We have not given it to anyone,” he said.
The developer, Mimodi Enterprises, declined to comment, only asserting that they acquired the land legally.
This is not the first time Kenya Railways has faced scrutiny over alleged irregular land allocations. Last year, it was revealed that the corporation had allocated 544 parcels of public land to individuals. An audit report for KRC’s 2018-19 accounts found that the Commissioner of Lands and defunct local authorities had allocated land to third parties without the corporation’s consent.
