Senators Criticize National Land Commission Over Ksh. 70 Billion Compensation Delays

Senators have strongly criticized the National Land Commission (NLC) for failing to compensate Kenyans whose land was acquired by the government, amounting to a staggering Ksh. 70 billion. The compensation delays have hindered major infrastructure projects, affecting thousands of residents who surrendered their land and homes to make way for state-initiated developments.

The NLC, mandated to compensate project-affected persons upon verification of ownership, has faced scrutiny from the Senate Roads, Transportation, and Housing Committee after commission officials failed to appear before the committee to explain the prolonged compensation delays. The officials have now been summoned to appear on Thursday.

Committee Chair, Senator Karungo Thang’wa, expressed frustration over the commission’s inaction, specifically highlighting the stalled Mombasa Gate Bridge project. The 1.4 km bridge, to be constructed by the Japanese government, is valued at Ksh. 120 billion but has been delayed because the government has not compensated the affected residents.

“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 stated.

NLC Chairman Gershom Otachi had written to the committee requesting to reschedule his appearance, citing a prior engagement with Head of Public Service Felix Koskei. However, Thang’wa was quick to dismiss the excuse, emphasizing that any further delays in the appearance would equate to delaying justice for those affected.

“This commission is sitting on billions of shillings meant to compensate Kenyans who surrendered their land and homes for state projects,” Thang’wa remarked, visibly frustrated by Otachi’s absence.

The committee members, including Kitui Senator Enoch Wambua, voiced their disappointment over the NLC’s failure to disburse funds that were already received from project implementing agencies. They highlighted several stalled projects, including the Kibwezi-Mutomo-Kitui-Kabati-Migwani road project launched by former President Uhuru Kenyatta in 2017. Despite the project being undertaken by Sinohydro Corporation and scheduled for completion in May 2022, residents have yet to be compensated for their land.

In Kiambu, Senator Thang’wa revealed that landowners are still awaiting Ksh. 1.9 billion in compensation for land used in the construction of the Western Bypass. To date, only about Ksh. 600 million has been disbursed by the NLC, leaving landowners in a state of uncertainty. Similarly, compensation for the James Gichuru-Rironi Road project has stalled, with Ksh. 2.9 billion out of the total Ksh. 10.09 billion yet to be paid.

“Why are they not paying the locals? Since the 2020-21 financial year, this money is still with NLC,” Thang’wa questioned, pointing out the significant delay in disbursing funds.

Senator Wambua further criticized the NLC for potentially benefiting from the interest accrued on the withheld funds, which have remained in commission accounts for over two years. He also raised concerns about compensation rates, noting that market rates have increased since the initial valuations, which could lead to financial losses for affected residents if adjustments are not made.

“It is a very frustrating thing. This money has been held by NLC for now more than two years going into three years. In which account does this money exist?” Wambua asked, questioning the whereabouts and management of the funds.

Wambua emphasized the double standards at play, comparing the government’s swift action in evicting private citizens from government land with the prolonged occupancy of private land without compensation.

“If a private citizen builds on government land, we send bulldozers to remove them from government land, so we cannot allow the government to occupy private land,” Wambua noted. “The government is trespassing, if they have not compensated the people of Kiambu, Kitui, and Mombasa, they must be trespassing and we can’t wait anymore.”

As the Thursday deadline looms, the Senate committee remains firm in its demand for accountability and swift action from the NLC to resolve the compensation delays and deliver justice to the affected landowners.