NLC on the spot over unpaid Sh70 billion owed to displaced Kenyans

The National Lands Commission (NLC) is in the spotlight over delayed compensation amounting to Sh70 billion for Kenyans who vacated their land to make way for road construction and other projects.

As a result, the Senate Roads, Transportation, and Housing Committee has summoned NLC Chairman Gershom Otachi to explain the delays on Thursday.

This comes after Otachi did not appear before the committee, led by Kiambu Senator Karungo Thang'wa, on Tuesday.

"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.

The NLC chairman had written to the committee earlier that morning, requesting to appear at a later time due to a scheduled event with the Head of Public Service, Felix Koskei.

The committee, however, expressed its disappointment over Otachi's absence and criticised the commission for holding up billions of shillings meant to compensate Kenyans who gave up their land, including homes, to facilitate state projects.

"Giving any excuse to delay the appearance will be delaying justice to the people," Thang'wa added.

When it comes to public projects, acquiring bodies are required by law to deposit compensation money with the commission, 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 released billions of shillings intended to compensate Kenyans who gave up their land for public projects.

Among the listed projects is the Kibwezi-Mutomo-Kitui-Migwani Road, where residents were to receive compensation totalling Sh694.98 million.

This road project was launched by former President Uhuru Kenyatta in 2017 and was carried out by the Chinese firm, Sinohydro Corporation, with an expected completion date of May 2022.

In another disclosure, Senator Thang'wa revealed that of the Sh1.9 billion owed to landowners in Kiambu for the construction of the Western Bypass, only about Sh600 million has been disbursed by the commission.

Similarly, for the James Gichuru-Rironi Road, Sh791.22 million out of the total compensation amount of Sh10.09 million remains unpaid.

Compensation delays

Additionally, the committee pointed out that the Sh38.82 billion Mombasa Gate Bridge project has yet to commence due to delays in compensating those affected.

Kitui Senator Enoch Wambua said the commission has failed to pay the lot despite receiving funds from the project implementing agencies.

He pointed to the Kibwezi-Mutomo-Kitui-Migwani road, where residents were supposed to receive Sh694.98 million in compensation.

The Committee's chairman noted that the Kenya National Highways Authority, which oversaw the project, informed them that Sh281 million was released to the NLC two years ago to compensate the locals.

However, only Sh180 million has been paid out, leaving Sh101 million unaccounted for.

"Why are they not paying the locals? Since the 2020-21 financial year, this money is still with NLC," Thang'wa noted.

Senator Wambua termed NLC's action as frustrating to the locals and demanded answers on the whereabouts of the money.

"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 are lower than today, will they consider that?"Wambua added.

The NLC has frequently attributed delayed payments to issues such as the slow release of funds by project-implementing agencies, the lack of land ownership documents by claimants, family disputes, and ongoing court cases.

The committee is now seeking an update from the NLC on the status of compensation for individuals affected by infrastructure projects nationwide.