Petition wants MPs to audit NLC compensation cash
A tunnel along the Dongo Kundu Bypass.
An activist has petitioned the National Assembly seeking a forensic audit of billions of shillings allocated to the National Lands Commission (NLC) for compensation of persons whose lands have been acquired by the government for various projects.
The petitioner, Julius Ogogoh, under the Commission for Human Rights and Justice, wants MPs to establish how the commission uses billions meant to compensate land owners claiming that some lands are normally under or over-valued by the commission.
He also wants MPs to order for forensic audit on the compensation account claiming interests that accrue from the money meant for compensation is normally used for personal benefit by the commissioners.
In his petition, Mr Ogogoh says that many people normally wait for a longer time than the stipulated period before receiving compensation from the commission claiming that interest accrued from the compensation amount is being misused by the commissioners.
The petition, which was received by the National Assembly's main records unit on April 19, accuses NLC of violating the Lands Act, 2012 which stipulates that affected landowners should be compensated within 24 months.
24 months
Under the Act, acquiring entities through NLC ought to pay compensation to the affected landowners within 24 months but this is not often the case as sometimes, land owners wait for more than the period before getting the compensation.
In the event of a delay in compensation, the commission is supposed to retain the money for the affected persons in an interest-earning account. In this case, the people whose land was acquired are entitled to the original valuation amount plus interest when finally payment is made.
However, the petitioner says the affected people do not benefit from the interest accrued, claiming the commissioners use it for personal benefits.
“The commission believes that former and current Chief Executive Officers and commissioners of NLC have used the money to personally enrich themselves and siphon billions of shillings from the said account,” reads the petition.
Section 115 of the Land Act, 2012 states that “If the land is acquired compulsorily under this Act, just compensation shall be paid promptly in full to all persons whose interest in the land have been determined.”
In his petition, Mr Ogogoh cites the Sh1.4 billion Dongo Kundu compensation scheme where he claims there are irregularities in the valuation of the land for those that were to be compensated.
Mr Ogogoh therefore wants MPs to order for a forensic audit of the compensation account established by the NLC from its inception to date.
Audit
He also wants MPs to order an audit of the Dongo Kundu compensation scheme.
“If such an audit reveals anomalies, which we believe will be the case, the National Assembly should recommend to the President to establish a tribunal to investigate the conduct and suitability of the current commissioners to continue holding office,” reads the petition.
The petitioner also wants the NLC Chief Executive Officer as the accounting officer to be made to account for all expenditures from the compensation account.
