NLC on the spot over delayed compensation amounting to billions » Capital News

NAIROBI, Kenya Sep 3 – The National Lands Commission (NLC) is in the spotlight over compensation amounting to Sh70 billion for Kenyans who vacated their land to pave the way for the construction of roads and other projects.

NLC Chairperson  Gershom Otachi was Tuesday summoned to appear before the Senate Roads, Transportation, and Housing Committee, to  give details on the delayed compensation.

This is after he failed to honor the invitation to appear before the Kiambu Senator Karungo Thang’wa-led committee to shed light on the matter that has become a concern.

“What we need to do as a committee is to crack the whip. We do not want to be seen to be losing hope. I’m summoning the chairman of NLC to appear before this committee on Thursday,” Thang’wa said.

Otachi failed to honor the invitation of Senators and instead wrote to the committee explaining

he had a scheduled event with Head of Public Service Felix Koskei.

When it comes to public projects, acquiring bodies are required by law to deposit compensation money with NLC, which then pays for the land on behalf of the entities. 

The Land Act 2012 requires acquiring entities, through NLC, to pay compensation to affected landowners within 24 months.

Senators questioned why the Lands Commission had not remitted billions of shillings meant to compensate Kenyans who surrendered their land to pave way for the actualization of the public projects.

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Some of the projects listed include the Kibwezi-Mutomo-Kutui-Migwani Road where residents were supposed to be compensated to the tune of Sh694.98 million.

The Kibwezi-Mutomo-Kitui-Kabati-Migwani road project was launched by President Uhuru Kenyatta in 2017.

The project was undertaken by the Chinese firm, Sinohydro Corporation and was set to be completed in May 2022.

Kitui Senator Enoch Wambua questioned why NLC had delayed the compensation for the locals who had waited for years to receive their dues from the government.

“It is a very frustrating thing. This Sh100 million has been held by NLC for now more than two years going into three years. In which account does this money exist?” he posed.

 “Who is benefiting from this interest? And if people are supposed to be compensated at market rate, the rates then and lower than today, will they consider that?” Wambua added.

Kiambu Senator disclosed details that  Kenya National Highways Authority (Kenha) which implemented the project, that some Sh281 million was released to NLC two years ago to compensate the locals.

Senator Thang’wa revealed that only Sh180 million has been paid out, leaving the commission with Sh101 million.

“Why are they not paying the locals? Since the 2020-21 financial year, this money is still with NLC,” Thang’wa said.

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Residents who paved way for the James Gichuru-Rironi Road are yet to receive their full compensation, only Sh 791 Million was disbursed out of the Sh 10.09 Billion total compensation.

In the construction of the Western bypass in Kabete, only about Sh600 million has been released by the Commission out of the Sh1.9 billion land owners in Kiambu.

 Senators also noted that the construction of the Sh38.82 billion Mombasa Gate Bridge has not started due to delayed compensation of those affected by it.

“The contractor has shifted out of the site…only around 17km to connect the road to the main Garissa, the project has stalled. You wonder, who does that,” the Kiambu Senator said.

More than 2000 people were identified for compensation with the National Lands Commission citing delayed release of funds by the project implementing agencies, court cases and  lack of land ownership documents by the claimants.

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