NLC in a spot for withholding billions in land compensation

The Senate Roads, Transportation and Housing Committee has summoned the NLC Chairperson Gershom Otachi to appear September 5, 2024. [File, Standard]

The National Lands Commission (NLC) is on the spot for withholding billions of shillings for compensation of Kenyans displaced from their land to pave way for the construction of roads and other state projects.

The Senate Roads, Transportation and Housing Committee has summoned the NLC Chairperson Gershom Otachi to appear on Thursday to explain the delayed payments after failing to honour an invite to appear Tuesday.

The Committee Chairman Karungo Thangwa said they were disappointed after Otachi sent a letter explaining that he will not honour summons due to a scheduled meeting with the Head of Public Service Felix Koskei.

“The matter before us is weighty since Kenyans are owed billions of shillings in compensation after their land was taken away for various projects, we want to know when they will be paid, the National Land Commission should appear before us on Thursday,” said Thangwa.

The senators who were seemingly unhappy with Otachi’s failure to appear took on the commission for sitting on billions of shillings meant to compensate Kenyans who surrendered their land, including homes, to allow for the implementation of state projects.

Kitui Senator Enoch Wambua said the commission is mandated to compensate persons affected upon confirmation of ownership of the parcels of land and it was worrying that it has failed to pay them despite receiving funds from the project implementing agencies.

Wambua cited the Kibwezi-Mutomo-Kitui-Migwani Road where residents were supposed to be compensated to the tune of Sh694.98 million. He wanted NLC to appear in Senate and shed light over the delayed payments.

Thangwa who is Kiambu senator said that the committee has been informed by the Kenya National Highways Authority (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 with a balance of Sh101 million.

“The National Land Commission should come and tell us why it is holding Sh100 million meant for the people for Kitui for compensation over the Kibwezi- Mutomo- Kitui- Migwani Road, they should tell us in which account this money is held,” said Wambua.

The Kitui senator noted that more than 2,000 people had been identified for compensation and wondered who was benefitting from the interest accrued on the funds.
Wambua said that the road construction stalled after the contractor had completed more than 150 km and only around 17km needed to be done to connect it to the main Garissa Road.

The Kitui senator noted that the Kibwezi-Mutomo-Kitui-Kabati-Migwani road project was launched by President Uhuru Kenyatta in 2017 and was undertaken by the Chinese firm, Sinohydro Corporation and was set to be completed by May 2022.

Thangwa said that out of the Sh1.9 billion Kiambu residents are supposed to receive for their land acquired to construct the Western bypass, only about Sh600 million has been released by the NLC.

“In the case of James Gichuru-Rironi Road some Sh791.22 million out of the total compensation amount of Sh10.09 billion is yet to be paid out, why is the National Lands Commission not meeting its obligation leaving residents suffering?” He posed.

The Senate committee pointed out that the construction of the Sh38.82 billion Mombasa Gate Bridge has not started due to delayed compensation of the project affected persons.

The committee wants the commission to explain the status of compensation of project-affected persons across the country.

NLC has always cited delay in the 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.

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