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Lands Committee Cries Fowl of the Slow Compensation of Persons Displaced by Govt Undertaken Projects

The National Assembly Committee on Lands has decried the slow compensation pace of Kenyan households displaced by government-undertaken projects such as road and other strategic infrastructure construction.

The MPs, led by Committee Chairperson and North Mugirango MP Joash Nyamoko, raised these concerns during a meeting with officials from the National Land Commission (NLC) to review the 2025 Budget Policy Statement (BPS).

Kitui-South MP Rachael Nyamai kicked off this storm by citing an example of persons displaced by the Kibwezi—Mutumo Road in Kitui County who were yet to be compensated seven years after former President Uhuru Kenyatta commissioned the project when several households voluntarily vacated their land to pave the way for the project.

The MP noted that several elderly persons had even passed on while still awaiting their compensation, while many households had been plunged into poverty, with some unable to pay huge medical bills for chronically ill family Members.

NLC officials led by Chairperson Gershom Otachi and CEO Kabale Tache said several other compensations were pending due to the unavailability of funds and the failure of other state agencies including the Kenya National Highways Authority (KENHA) to release the necessary funds, with several court cases still ongoing regarding contention on ownership of some parcels of land due for compensation.

Kabale cited an incident related to the Kibwezi- Mutumo Road where an elderly lady still awaiting compensation was due to travel to India for specialized cancer treatment but was yet to receive her compensation.

“People come to NLC expecting their compensation then when they get there we have no money to compensate them. It is very disheartening that even in the case of that elderly lady, we had to go out of our way to her medical bill. She came there several times I cannot even tell if she is still alive” recounted Kabale.

In the BPS, the NLC budget ceiling in the coming financial year  2025/2026 has been capped at Kshs. 3.01B which is an increase of 69.1% compared to the allocation of Kshs. 1.78B in the 2024/2025 FY.

The Committee raised concerns about the delayed completion of settlement of the landless, indicating that the project is currently at 13% to completion despite the project utilizing a total of Kshs. 4.41B in the last three financial years.

NLC defended itself deflecting the blame to the bureaucracy surrounding the release of the funds from other state agencies that undertake the development projects.

Committee Members noted that there was a need for legislation to detach the compensation process from the bureaucracy of other state agencies.

Earlier the Committee also met the Principal Secretary at the State Department for Lands and Physical Planning Nixon Korir on the 2025 BPS.

According to the BPS, the proposed total ceiling to the State Department stands at Kshs. 8.8B representing an increase of 35.8% compared to the allocation of Kshs. 6.5B in the 2024/2025 FY.

There had earlier been confusion during the meeting after the State Department’s figures appeared to differ from those on the BPS prompting the Committee to call for an officer from the National Treasury.

The Treasury officer clarified that the State Department was well within the ceiling as projected by the National Treasury in the BPS submitted to Parliament.

The BPS is a crucial Govt. policy document that sets out the broad strategic priorities and policy goals that will guide the National and County Governments in preparation of their Budgets for the next Financial Year (2025/2026) and over the medium term. strategic.

The Committee will retreat to draft its Report on the BPS which the Committee chair will defend before the Liason Committee that is processing the 2025 BPS owing to the pending reconstitution of the Budget and Appropriations Committee.

The Liason Committee will subsequently table a Report in the House after meeting all the State Departments for debate and approval.

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