Senators have criticised the National Land Commission (NLC) for undue delays in compensation of landowners whose property had been seized by the government to pave the way for projects.
This comes as the lawmakers are pushing to have NLC first receive funds before individuals affected by any project in the country sign any contract to give away their land.
Raising the alarm, Busia Senator Okiya Omtatah called out the Gershom Otachi-led Commission for unjustifiable delays in compensating owners of land whose parcels were compulsorily acquired by the different government agencies.
He decried how hundreds of land owners affected by the Ejinja-Bumala Road project in Busia and Kakamega counties are still waiting for their compensation years on.
“The NLC, in its response to my request for information on the delay in compensating the landowners, cited lack of funds, lack of requisite documentation, and unending succession processes as the reasons for the delay,” said Mr Omtatah.
Often, NLC has cited the delayed release of funds by the project implementing agencies, lack of land ownership documents by the claimants, family feuds, and court cases for the delayed payments.
However, Kiambu Senator Karungo Thang’wa vowed to rally other senators to adjourn Senate business, once they resume recess this week, and deliberate on the issue of compensation of project-affected persons (Paps).
He argued that despite the NLC being mandated to ensure compensation of a person, individual, or a community affected by infrastructure, whether a road, building or a bridge, that has not been the case because the Paps never get their money.
The first-term senator cited an example of the people of Kabete, Gitaru, and Ndeiya in Kiambu County who are yet to be compensated.
He pointed out that there was another case of Paps from Elgeyo Marakwet who are yet to receive their compensation despite their land being compulsorily acquired in 1975.
“This is happening even today. We need to stop every other business because this is a matter of national importance that the Government is trespassing on people's properties. When you build a road on somebody's private land and you deny them compensation, you are a thief grabbing their land,” said Mr Thang’wa.
“As the Senate, we need to stop every other business when we come back and deliberate on the issues of compensation. We need to make it mandatory for NLC before they agree to the signing of any contract, that affected persons should be compensated or must be compensated,” he added.
Consequently, Speaker Amason Kingi has directed the Senate committee on Land, Environment and Natural Resources to open investigations into the reasons for the delay by acquiring entities to fully remit to the NLC compensation funds.
This is in addition to actions being taken by the entities and other government agencies to facilitate the prompt conclusion of succession processes affecting the acquired land to pave the way for compensation.
The committee chaired by Mombasa Senator Mohamed Faki is also expected to inquire on the failure of the Ministry of Lands, Public Works, Housing and Urban Development to forward to the NLC evaluation reports, award letters, statements of acceptance, and other documentation in their custody, which are necessary to facilitate the conclusion of the evaluation of claims.
“The committee should tell the House proposed actions to ensure prompt compensation of affected landowners,” he said.
Just last year, the NLC was on the spot for holding onto at least Sh4 billion in compensation money for Kenyans displaced from their land to allow for the construction of roads and other projects.
The Senate Committee on Roads and Transportation expressed concerns about why the Commission was still holding onto at least Sh2.98 billion as money for compensation of Paps for the James Gichuru-Rironi Road project.
The committee put the Commission on the spot for sitting on billions of shillings meant to compensate Kenyans who surrendered their land, including homes, to allow for the implementation of state projects.
NLC is mandated to compensate project-affected persons upon confirmation of ownership of the parcels.
The committee heard that the Kenya National Highways Authority (KeNHA) had already released at least Sh10 billion to the Commission for compensation of the individuals affected by the project.
However, only Sh6.52 billion has so far been released to 1,338 Paps out of the 2,444 individuals with another Sh587.5 million owed to 313 Paps being processed.
According to documents submitted to the committee, only 65 percent of the affected individuals have been compensated.
On the James Gichuru-Rironi Road project, Senator Thang’wa said that out of the Sh1.9 billion land owners in Kiambu are supposed to receive for their land used to construct the Western bypass, only about Sh600 million has been released by the Commission.
Another case involves the Kibwezi-Mutomo-Kitui-Migwani Road project where residents were supposed to be compensated to the tune of Sh694.98 million.
The senator said the committee has been informed by the KeNHA, which implemented the project, that some Sh281 million was released to NLC two years ago to compensate the locals.
However, only Sh180 million has been paid out, leaving the Commission holding onto Sh101 million with 2,000 individuals identified for compensation.
The Kibwezi-Mutomo-Kitui-Kabati-Migwani road project was launched by President Uhuru Kenyatta in 2017.
In yet another revelation, the committee noted that the construction of the Sh38.82 billion Mombasa Gate Bridge has not started due to delayed compensation of those affected by it.
