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Matatu operators sue developer over plan to build mall at Nanyuki terminus
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A group of matatu operators in Nanyuki town have moved to court seeking to block a developer from taking over a contested plot they claim to have been using as a terminus.
In a petition before the Environment and Land Court in Nanyuki, petitioners led by George Martin allege the developer identified as Trojan Six Oil 2019 has fenced off the parcel with intention to construct a mall.
Mr Martin says he has been operating matatus for the past 15 years and the contested plot has been an operational base for hundreds of matatus offering public transport services.
“No notice, consultation or warning was given to us. No court order was ever presented. We were effectively and unlawfully evicted and our sheds, offices, and passenger shelters were rendered unusable,” he said in an affidavit.
Mr Martin says operators have invested heavily in setting up booking offices, passenger waiting sheds, restrooms and other infrastructure. The structures, he added, were erected with the full knowledge and tacit approval of the county government.
He said the space has served as a critical public transport hub and is heavily relied on by hundreds of daily commuters and local traders.
Fenced off
Matatu operators say all was well until August last year when they found the area fenced off.
“I am informed that the County Government of Laikipia has issued development approvals to the developer without conducting any form of public participation, which is required under the Constitution and planning laws. I and other affected persons were never consulted,” he said.
Mr Martin said the unlawful fencing and pending construction is already causing severe disruption to public transport in Nanyuki Town.
He said that unless the court urgently intervenes, the developer will continue with the project and by the time the case is heard, the entre land will be lost and their rights permanently violated.
They want the court to declare the eviction unlawful and construction stopped.
They accused the Kenya National Highways Authority (KeNHA) of complacency, arguing that despite its statutory mandate to manage road reserves and national highway corridors, the agency allegedly ignored the encroachment on road access, thereby enabling and facilitating the private development.
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