Court orders Kiambu County to surrender Makongeni Bus Park to Posta Kenya

The Environment and Lands Court in Thika has ruled in favor of the Postal Corporation of Kenya (PCK) in a long-running land dispute with the Kiambu County Government, ending a seven-year legal battle over ownership of the Makongeni Bus Park.

Justice Jacqueline Mogeni ordered the county government to immediately cease all operations at the contested site and hand over all revenues collected from matatu operators since June 16, 2018 to PCK. The court also reaffirmed that the four-acre parcel in Makongeni, Thika, rightfully belongs to the national postal agency.

The dispute dates back to 2018, when the then Kiambu Governor, Ferdinand Waititu, converted part of the land, previously leased to tenants, into a bus park without Posta’s consent. PCK challenged the move, obtaining injunctions that temporarily halted the project, but the case dragged on for years in court.

Under the new ruling, Kiambu County must remit all fees collected at the terminus, including parking and stage levies from public service vehicles, dating back to 2018. The county is also barred from collecting any further revenue or conducting operations on the land.

The judgment is a significant setback for Kiambu County’s finances. The bus park has been one of several crucial revenue sources in the county’s efforts to raise between Ksh. 7 and Ksh. 8 billion in annual own-source revenue (OSR) to support its Ksh. 22 billion 2023/2024 budget. Parking and stage fees alone have previously brought in about Ksh. 279 million, against an estimated potential of Ksh. 1.19 billion.

Posta Kenya had accused the county of violating lease agreements by developing the land without approval, while county officials defended the project as a public-private partnership meant to improve local transport infrastructure. The ruling underscores growing tensions between national agencies and county governments over land ownership and revenue collection, particularly in rapidly urbanising areas like Thika.

Kiambu County is expected to appeal the decision, as it has done in similar cases before. Meanwhile, PCK may pursue enforcement through asset attachment should the county delay compliance.

This case could set a key precedent, prompting a review of other county-managed public spaces developed on land owned by national corporations. It also underscores the urgent need to safeguard public assets held by state corporations and to strengthen coordination between national and county governments in managing devolved functions such as urban transport and infrastructure development.