A three‑judge bench of the Court of Appeal rejected the National Land Commission’s (NLC) attempt to reopen a compensation dispute over land acquired for the Ndakaini Dam, leaving the commission liable for a Sh608 million bill.

Justices Patrick Kiage, Jamila Mohammed and Sankale ole Kantai dismissed the NLC’s challenge to a High Court ruling that ordered the commission and Nairobi City County to pay Sh113.6 million plus interest dating from July 6 1990.

The judges found the NLC had not provided sufficient grounds to justify a delay in appealing the February 29 2024 judgment, noting no material was placed before the court to warrant discretion in its favour.

The dispute involves Humphrey Crispus Mwangi and 33 co‑plaintiffs who filed the case on behalf of themselves and 106 other landowners whose properties were compulsorily acquired for the dam, a key water source for Nairobi.

Landowners claim the government seized their land in 1990 but failed to honour compensation agreements, seeking the original amount, accrued interest and a 15 percent disturbance allowance.

The NLC argued the acquisition pre‑dated its establishment under the 2010 Constitution and that it had not received the funds, contending it could not pay monies it did not hold.

Nairobi City County also denied liability, asserting it was not a party to the original compensation proceedings, but Justice Anne Omollo ruled the land was taken for the benefit of the former Nairobi City Council, holding both the commission and the county responsible.

The NLC’s request for an extension, citing office relocation, a misplaced court file and leadership changes, was rejected by Justice Stephen Radido on February 26 2026 for lacking concrete evidence linking those factors to the 19‑month delay.

With the appeal dismissed, the Court of Appeal left the commission without the sought extension, meaning the decades‑old compensation claim remains outstanding for the public institutions involved.