The six-year wait for State compensation that ended tragically

Since May 2018, Sombwana Mohamed Omar, a fisherman based in Lamu, was among more than 4,000 fishermen who were hopefully waiting to turn around their livelihoods from a total of Sh1.76 billion in compensation from the State.

This compensation was because of the disruption of fishing activities brought about by the construction of the Lamu port.

On Wednesday, Omar’s long wait ended tragically, as he ended up in a list of fishermen who have lost their lives while waiting for the government to implement the court order.

It has emerged that Omar, who died in a boat which capsized at Kipungani in Lamu on Wednesday, is among the listed beneficiaries set to receive a slice of the Sh1.76 billion compensation package.

He was among five fishermen who had gone for their fishing venture in the Kipungani deep sea channel when their fishing dhow was overpowered by strong winds and tides and capsized.

Four fishermen who were with him managed to swim to safety.

A week ago, the late Omar, 44, was among the 4,102 fishermen who gathered at the Lamu County Government headquarters in Mokowe to sign the Lamu Port-South Sudan-Ethiopia Transport (Lapsset) Fishermen Compensation Agreement, presided over by Governor Issa Timamy, Kenya Ports Authority (KPA) legal team and other government officials.

The event had raised hopes that the fishermen would eventually get their compensation after years of back and forth between the parties involved.

A resident of Kiongwe Mjini, a fishing village in Lamu West, Omar was the Kiongwe Mjini Beach Management Unit (BMU) chairperson. The group has 18 members.

The BMU will receive Sh4.4 million, a share of the Sh1.76 billion Lapsset compensation package.

The money will be divided equally among the 18 group members, meaning the late Omar was to get Sh241,700.

His younger sister, Zuena Mohamed Omar, told Nation.Africa that her late brother and the family at large had set their hopes high on the Lapsset cash to relieve them from the poverty they believe is majorly contributed to by the construction of the Sh310 billion Lamu Port Project in Kililana.

For many years, the Lamu fishermen have earned their living from catching fish in the Indian Ocean and sustaining their families, including educating their children.

However, since dredging took place to allow the construction of the Lamu Port's first three berths some years back, most of them have been rendered jobless after the disruption of the ecosystem.

Dredging prevents fishermen from operating small boats and dhows because the water becomes turbulent.

It also affects breeding sites because as the dredging goes on, fish eggs are destroyed, meaning there is less catch.

Due to the reduced fish stock, fishermen have to venture into the deep seas with their small vessels that cannot cope with the high tides and currents, risking their lives in search of a livelihood.

Omar is a father of five, including twins aged two and a half years who are yet to start school and his last born, a five-month-old baby.

Ms Mohamed said his elder brother was the sole breadwinner of the family.

“As a fisherman, he ensured his children get to learn despite the many challenges in the fishing sector. He was hopeful and had planned to use part of the Lapsset compensation money to clear all the fees for his firstborn at Bandari College," she said.

“It’s unfortunate that my brother has died without receiving the cash he has waited for so long. He should have lived to at least accomplish his plans with the Lapsset cash,” added Ms Mohamed.

Lamu County Beach Management Units (BMUs) Network chairperson Mohamed Somo said he was saddened by the news of Omar's death.

“We were together in our last demonstrations in Lamu Island on February 9 this year. He was a jolly man who was focused on seeing the fisher community get justice. Unfortunately, he died before receiving his Lapsset compensation money,” said Mr Somo, the spokesperson of the over 4,000 fishermen set to receive the compensation package.

Statistics from the BMU Network office in Lamu show that over 300 fishermen who were among the beneficiaries of the Lapsset compensation cash have so far died before receiving a coin.

“The death of Sombwana is among over 300 similar cases of fishermen dying before receiving their compensation. We have 38 BMUs across the Lamu archipelago and in every group, at least ten members have died before getting their compensation. This is worrying us. Now that we’ve signed the compensation agreement, we demand the process to be fast-tracked,” said Mr Somo.

Abubakar Twalib, the Lamu Old Town BMU chairperson, lamented that many of their traditional fishing channels and grounds were closed after the construction of the Lamu Port.

This has forced many to abandon the trade, while some now have the option of plying the more dangerous high seas.

“Nowadays you can bear witness that the ocean is rough and experiencing strong tides and waves that make it impossible for us to fish while using small vessels. The rate of fishing boats getting involved in accidents at sea has also increased and it’s worrying,” said Mr Twalib.

In May 2018, the Malindi High Court ordered the state to pay the Lamu fishermen Sh1.76 billion after the Lapsset project disrupted both the cultural and economic activities of the fisher community in the area.

Despite the court directive, six years have passed while the fishermen are yet to receive a penny from the state.

The signing of the Lapsset Fishermen Compensation Agreement early this month is, however, giving a ray of hope for the fishermen to receive their money any time soon, especially after both parties agreed to settle the matter out of court.

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