I agree with the good people of the Standard Group on only one point in their disagreement with the Minister for Roads and the Minister for Lands - that there is something fishy about the manner in which the proposed map regarding the compulsory acquisition of land along Mombasa Road was drawn up. It makes no sense for the map's drafters to skirt the boundaries of Libra House as if it deserves special attention. Unless they can show good cause for the manner in which the plans have been drawn up, suspicion will revolve around the question of which powerful personality is responsible for keeping Libra House from the attentions of the bulldozer drivers who are soon to be unleashed. But that is all I am willing to concede.
Minister Orengo and Minister Bett are correct to infer that there was something fishy in the manner that the corporates along Mombasa Road decided to erect multi-billion shilling edifices after the Ministry of Roads decided to make plans for the expansion of the road. Franklin Bett's assertion that there was a 'WikilLeaks' regarding the plans must be considered seriously, for no one would have dared to erect anything in what would eventually be compulsorily acquired by the State.
Art. 66 of the Constitution provides that "(1) The state may regulate the use of any land, or interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning." Art.40 provides that "(3) The State shall not deprive a person of property of any description, or any interest in, or right over, property of any description, unless the deprivation - (b) is for public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that - (i) requires prompt payment in full, of just compensation to the person; and (ii) allows any person who has an interest in, or right over, that property a right of access to a court of law."
The Constitution is thus clear - the State can compulsorily acquire land for public purposes, and for the thousands upon thousands of road users who waste expensive man-hours stuck in traffic along Mombasa Road, the expansion of that thoroughfare is a matter of public interest. The Standard Group claims that the compulsory acquisition and the intended 'demolition of buildings' will have an adverse impact on the economy, being that billions of shillings in investment will have gone down the drain if the plan is carried through to its logical end.
However, they neglect to point out that billions are lost every year in lost man-hours and delays when workers spend an increasing amount of their valuable time cooling their heels in traffic that moves at snail's pace. Indeed, the Institute of Economic Affairs has conducted studies in this area, and therefore, the assertions of the Ministers is germane - this project is of public interest and must be permitted to go through. Other than the fact that building may be torn down, the Standard Group and other affected parties have failed to demonstrate that absent the compensation that they will surely get from the government, how the planned expansion of the road will affect the national economy.
While many of us remember, and sympathise, with the raids that were conducted on Standard Group premises in 2006, few of us are willing to entertain the notion that the Government of Kenya has set its eyes to the total destruction of a free press by targetting the Standard Group alone. Some of us are unwilling to accept the idea that there is a free press at all. The Standard Group and all the other players in the media are in it for the money and not for a high principle. They may claim that they act in the public interest, but they do not demonstrate this in their day-to-day reporting or in their editorial content. They have consistently refused to hold all politicians to account. They have consistently demonstrated their partisanship when reporting the news. Therefore, if they wish to garner public sympathy for their current plight, they must demonstrate that they have the public interest at heart. Indeed, the 'people' will not be motivated to go demonstrating in the streets to protest the government plans for they do not have an emotional connection to the media conglomerates. That part of their argument must fail too.
The Minister for Lands is correct - the Standard Group and other affected parties have recourse to the law. However, it is imperative that they remember that they may lose; the need for more efficient road links in this country is too great to be sabotaged by the interests of a few. They must swallow their pride and find alternative solutions to their travails, instead of wailing on TV about the unfairness of it all.
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