Farmers demand return of land set aside for controversial Sh200b Lamu coal project

Landowners in Lamu, who originally allocated their lands for the construction of a Sh200 billion coal-fired power plant, now want the government, through the National Lands Commission (NLC), to revoke the title deed issued to the investors and return the parcels to them.

The proposed Lamu Coal Project, scheduled to be undertaken at Kwasasi Village in Hindi, Lamu West, is backed by Amu Power, a consortium of Gulf Energy and Centum Investment.

In 2016, NLC, under the former chair, Muhammad Swazuri, conducted a review of the Kwasasi lands and approved that an acre would attract a Sh800,000 compensation.

Thereafter, at least 975 acres of land were acquired since 2016 at Kwasasi for the establishment of the coal project, which was projected to generate 1,050 megawatts of power upon completion.

In June 2019, however, the National Environment Tribunal (NET) quashed licencing for the Lamu Coal Plant, citing the failure of the National Environment Management Authority (NEMA) to conduct a proper environmental impact assessment.

NEMA was also criticised for awarding the project an EIA licence that seemed generic rather than project-specific.

The tribunal also noted that constructors of the coal plant omitted engineering plans and key facts of the project from public participation, as well as failed to take consideration of the Climate Change Act, and further directed the implementing company, Amu Power, and NEMA to start a new EIA licencing process and ensure they comply with the law.

During an interview with the Eastleigh Voice at Kwasasi, the farmers expressed concern that, since the project's cancellation five years ago, no one has provided an update on the status of their lands that were previously set aside for the project.

Hussein Fadhil, the chairman of the Kwasasi Farmers Association, who represents over 600 affected landowners, expressed concern that NLC issued a title deed to the project investor, meaning the poor farmers no longer own the land.

Fadhil insisted that the NLC and the project investors defrauded the Kwasasi farmers of their lands. He further urged President William Ruto to intervene on behalf of the government to revoke the issued title deed and transfer land ownership to the Kwasasi farmers.

The chairman insisted that the years of waiting for compensation were too much for them. According to Fadhil, farmers cannot in any way proceed with their development on land that is not theirs.

“We were fully in support of the project. We generously donated our land, particularly after receiving assurances of compensation. Despite the cancellation of the project, we are no longer able to access or develop those plots. We, therefore, want the government to come down to have the title to the 975 acres of land revoked and ownership transferred back to us,” said Fadhil.

Mohamed Ali, one of the Kwasasi-affected landowners, said that before NET cancelled the coal plant licence, the farmers had accepted the project.

Ali said it is high time that the government, NLC, and investors meet the farmers at Kwasasi so as to clear the air on whether the project is still viable or not.

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He stated that it is beneficial to transfer land ownership to innocent farmers if the project completely fails.

“Why transfer land ownership to the investor even before compensation is done? We are still in support of the project. It has many goodies, but if it can’t happen, then the land should be given back to us to develop ourselves,” said Ali.

He added, "Sincerely speaking, the project's cancellation by NET in 2019 had a negative impact on our compensation schedule." I believe that had it not been for NET's action, most of us would have received our pay. I am still hopeful that the matter will be resolved and pave the way for our compensation, and if not, our land will be given back.”

Fatma Hamisi, a landowner in Kwasasi, acknowledged that the cancellation of the project four years ago has significantly worsened their living conditions.

She argued that they don't need to reclaim their lands due to the delayed compensation, considering the significant amount of time they've already lost in the process.

Fatma also advocated for negotiations to see if they could encourage the investors to compensate them for their land, while they continue to grapple with unresolved legal issues related to the project.

“Someone should come out to explain to us whether the project will ever take off instead of the continued silence. Even if we take our lands back, we will still be on the losing end since many years have passed without any developments made on those lands,” said Fatma.