Standard gauge railway project stopped for 14 days

Kenya: officials presented a report to Uhuru on the status of the project that included compensation for land acquired to pave way for construction.

Compensation for 158km of land acquired by the National Land Commission (NLC) for the construction of the railway is being finalised, Transport Principal Secretary Nduva Muli told the President.

The PS said another 133km belonging to the Kenya Wildlife Service has been handed over to the contractor and an additional 142km is being acquired by NLC.

The court’s order now bars NLC, Kenya Railways Corporation (KRC), the National Environment Management Authority and Attorney General Githu Muigai from dealing with the project at that section, or risk contempt of court, an offence punishable by imprisonment in civil jail for a period not exceeding six months.

Ms Kilonzo said residents were not given notice before the takeover as required by law. She told the court that the project should be subjected to public participation and environmental audit.

The court heard KRC requires land to construct the railway and NLC is in the process of acquiring it in Kibwezi West constituency, Makueni County. The petitioner argued that the names of affected residents did not appear in the National Gazette and in some instances the measurements of some parcels of land were wrong.

ORAL PETITIONS

He claimed they did not receive notice of the date and time that officers demarcated the lands or houses to be acquired, in contravention of the law.

Residents were not sure whether they will receive just compensation since there was no civic education on the requirements of the law.

According to the petitioner, the respondents have failed to address oral and written petitions and complaints of petitioners. He claimed the railway will affect schools, markets, water points, railway crossings and other social amenities.

“The process of acquisition of land to construct the SD is unconstitutional because no environmental impact assessment has been undertaken or an assessment report issued, “ he said.

Ms Kilonzo said residents were not properly compensated for land compulsorily acquired by the Government for the project. She said they were not given notice before the takeover as required by law.

She said residents will suffer economically because the land will be fenced off and thus inhibit their movement and that of their livestock to grazing fields. Kilonzo said proper acquisition of the land should be done and residents compensated.

The MP has sued NLC, KRC and the Attorney General and named China Roads and Bridges Corporation as an interested party. The case will be heard on November 6.

The project is part-financed (85 per cent) by Chinese Eximbank to the tune of Sh277.95 billion through two loans, with the Government taking care of the rest (15 per cent) or Sh50 billion largely through a 1.5 per cent levy on all imports.

Speaking at the State House meeting, Transport Cabinet Secretary Michael Kamau said the SGR project is on course and all stakeholders have been involved in the process of land acquisition for the project.

China Communications Construction Company Vice President Chen Yun, who also attended the meeting, said he had toured the SGR site and confirmed that work is going on.

Expedite construction

Mr Chen assured President Kenyatta that his company would fully observe the law in ensuring that the environment and national parks, through which the railway line traverses, are preserved as work gets underway.

President Kenyatta emphasised the need to expedite construction, saying it is one of the key infrastructure projects of his administration.

He said the land issue must be resolved quickly to avoid delaying implementation.

“We are committed to delivering this project for the benefit of the people of Kenya and the East African region. We must hasten the pace of its implementation,” the President said.

Uhuru said Kenyans from all parts of the country should be allowed to apply for related sub-contracts and that the agreed 40 per cent minimum supplies from local industries must be strictly be adhered to so that Kenyans can benefit fully from the project.

The meeting was also attended by Chinese Ambassador to Kenya Liu Xianfa and Cabinet secretaries Henry Rotich (Treasury), Joseph ole Lenku (Interior), Judy Wakhungu (Environment), Adan Mohamed (Industrialisation), Davis Chirchir (Energy) and Amina Mohamed (Foreign Affairs).

Additional reporting by PCSU