Court lifts block on Sh98 billion Kotulo-Modogashe road project
The Environment and Land Court ruled that the planned road, which runs from Isiolo to Mandera serves a broader public interest and should not be stalled over a petition challenging how compensation money would be disbursed.
A legal challenge that had threatened to delay the construction of the Sh98 billion Kotulo-Modogashe road has been dismissed, paving the way for one of the largest infrastructure projects in northern Kenya to proceed.
The Environment and Land Court ruled that the planned road, which runs from Isiolo to Mandera, serves a broader public interest and should not be stalled over a petition challenging how compensation money would be disbursed.
More To Read
- MPs demand swift action on stalled Jomvu link road project
- Sh100bn Isiolo-Mandera Road to boost connectivity, economic growth in Northeastern - Kindiki
- Taxpayers lose Sh5.7bn as govt agencies mismanage donor funds – Auditor General
- Delayed payments cost taxpayers Sh4.3bn in avoidable interest, says Auditor-General
- Legal gap leaves National Land Commission powerless to recover grabbed public land
- Garissa residents urge state to scrap colonial-era boundary causing conflict with Tana River
Justice John Mutungi, in a ruling delivered on June 20, set aside earlier orders that had stopped the National Treasury and the World Bank from releasing compensation funds to the Kenya National Highways Authority (Kenha).
The judge rejected an application by two residents, Osman Abdille and Fardowsa Abdullahi, who had sought to bar Kenha from handling the disbursement, insisting only the National Land Commission (NLC) should be allowed to carry out the payments.
The court found no merit in the petitioners’ claim and ruled that Kenha, as the body implementing the project, had the authority to make payments, as long as the compensation was verified by the NLC.
“The first respondent (Kenha) is authorised to disburse the compensation limited to ‘replacement assets’ and ‘livelihood restoration’ as computed and certified by the NLC,” said the judge.
He added that the petitioners had failed to prove that they or any of the affected families had challenged the compensation valuations.
“The money has been availed, and I would find no justification to sustain a conservatory order whose effect would be to stall works on the affected section. That would be prejudicial to the wider public interest,” said Justice Mutungi.
He also questioned the focus of the petitioners on the agency handling the funds instead of the actual compensation process.
“The amount payable to every affected person, having been ascertained, does it make any difference by whom the disbursement was made? I do not think so,” he said.
The petitioners had sued the National Treasury, the World Bank, the NLC, and the attorney-general, with several others listed as interested parties.
However, the court said their arguments were not strong enough to justify blocking the project.
The road, which cuts across Isiolo, Meru, Garissa, Wajir, and Mandera counties, is expected to enhance connectivity, spur development, and ease access to essential services in the underserved northern region.
Top Stories Today
