NLC: Compensation for Horn of Africa Gateway Road is for assets, business disruptions not land

The National Land Commission (NLC) has clarified the modus operandi in compensation to families affected by the Sh83.7 billion Horn of Africa Gateway Development Project following insistence by Isiolo elected leaders that residents must be awarded for their compulsorily acquired land.

Commissioner Alister Murimi revealed that compensation was mainly for assets along the stretch as well as the relocation of displaced families and disruption to businesses and not land.

The leaders had repeatedly demanded to know the criteria used by the agency in determining valuation rates which they said were way lower compared to the ones that had been ostensibly offered in neighbouring counties such as Garissa where the road snakes through.

"Compensation is for assets, relocation and disruption of businesses according to the acquisition plan that also sets aside a road reserve of between 40-60 metres," he said.

This is despite Isiolo Woman Representative Mumina Bonaya, saying the extension of the reserve from 12 to 60 metres was done without adequate public participation by Kenya National Highways Authority and that affected residents should have been compensated.

The 740-kilometre Isiolo-Modogashe-Mandera road is one of the largest infrastructure projects in Kenya's history and is expected to open up the region and promote domestic and regional trade.

The Commissioner revealed that valuation rates were disclosed to the affected families in 2022 after inspection works were carried out the previous year and that 95 per cent of the awards offered were received by the residents.

The project has encountered hitches in the last months following multiple protests by the public over unfair recruitment and compensation plans.

A commissioner at the National Land Commission Alister Murimi speaks during stakeholders meeting for Isiolo-Modogashe-Mandera road at Simba Lodge in Isiolo County on August 13, 2024. (Photo: Waweru Wairimu)

Alister said the commission had received a total of 468 complaints from Isiolo residents living along the road corridor in less than a month, mainly seeking appeal of the awards that they claimed they were coerced into taking, lamenting undervaluation and insistence on land acquired and not paid for.

The grievances were shared with the NLC technical team of experts and commissioners who recently toured the region.

"We are working on a draft report which will be subjected to the commission's plenary for input on policy issues before recommendations are shared with the public," he said, adding that concerns over the extended road reserve will also be covered in the report.

He revealed that KeNHA had applied to the Commission for permission to acquire 440 hectares of land due to the realignment of the project and that it would be gazetted.

The Commissioner spoke during a stakeholders' meeting that brought together community leaders, elders, elected leaders, project managers and contractors working on the infrastructural project.

Meanwhile, Isiolo Governor Abdi Ibrahim Hassan led the county leadership in imploring KeNHA to resume work on the road, hitting at the agency for halting construction works without adequate consultations with various stakeholders.

"KeNHA is becoming an impediment to the project. The agency should not stop work without wide consultations," he said, calling for the constitution of a committee with representation from various sectors to monitor and report on the project's progress monthly.

The Governor called for an audit of employees working along the road to establish if the 70:30 constitutional threshold that requires the majority of the workforce to be sourced locally, had been met as well as consideration of local contractors during subcontracting to support the local economy.

"We have enough skilled labour (in Isiolo). If not available within the corridor, they should be picked from the larger part of the county. We also want young graduates offered internships to acquire experience and be absorbed thereafter," he noted.

He was accompanied by his Deputy James Lowasa, County Speaker Mohamed Roba Qoto and County Secretary Dade Boru.

County Commissioner Geoffrey Omoding assured construction workers of security and revealed plans to engage police reservists to augment police officers providing security.

He warned a section of local politicians whom he said were inciting residents to reject the project for their vested interests. "Any emerging issue should be addressed as the project continues".

The road awarded to China State Construction Engineering Corporation traverses Isiolo, Meru, Wajir, Garissa and Mandera counties and its completion is expected to boost security in the region and provide 3000 direct jobs during construction work and indirectly through sub-contracting.

Communities along the corridor are expected to benefit from roadside livestock markets, clean water, milk coolers, internet, veterinary services and livestock holding areas as well as electrification in some areas.