NLC biased in road project compensation, senators say
National Land Commission Chairman Gershom Otachi when he appeared before the National Assembly’s Lands Committee on March 9.
The National Land Commission (NLC) is on the spot for alleged discrimination in compensation of project-affected persons in a road project.
The Senate Lands committee accused NLC of being biased in compensating affected persons in Isiolo County and directed the commission to halt the compensation process until the matter is resolved.
Isiolo Senator Fatuma Dullo alleged skewed compensation by the NLC in the Horn of Africa Gateway Development Project, a road project being implemented by the Kenya National Highway Authority (KeNHA) in the upper eastern and northern parts of Kenya.
The project, funded by the World Bank, traverses Isiolo, Meru, Garissa, Wajir and Mandera counties. Phase 1 extends approximately 200 kilometres from Isiolo to Modogashe.
Ms Dullo claimed that affected persons in Isiolo have been discriminated, saying the rates applied in her county differ from those in the other counties. She further alleged that the commission coerced the affected persons to sign consent documents and failed to make public the compensation tabulation.
“We are representing people and not animals. Why are Nuno-Modogashe residents paid less than their counterparts in Garissa County?” asked Ms Dullo. “Things were not done in the right manner as people were forced to sign the consent because they are ignorant. Leaders were not involved in the entire process.”
The senator also questioned the commission’s decision to only compensate for affected structures and not land.
“Why do you compensate for the structures and not the land? Are the structures in the air? This committee must go to the ground and listen to the people who are complaining. We want the payments stopped until a comprehensive review is done,” she said.
Nominated Senator Beatrice Oyomo also questioned the discrepancy in compensation as well as the decision to compensate for structures and not land.
“What is the essence of valuation if mud houses are compensated more than permanent ones? Also, are Isiolo residents less Kenyans than their counterparts?” she asked.
Isiolo South MP Mohamed Tubi called for the list of beneficiaries to be recalled from KeNHa until the dispute is settled.
“We cannot allow people to be paid what they do not deserve,” he said.
However, NLC chairperson Gershom Otachi told the committee led by Nyandarua Senator John Methu that they compensated for structures on the demarcated road corridor as per the project funding agreement between the government and the financiers.
He said there was no land acquisition component in the project as the construction is within an existing land corridor and therefore no private or community land interests were being acquired.
The commission, he said, undertook a valuation of affected properties within the road corridor to facilitate compensation. He said in Isiolo, 16 settlement areas between Isiolo and Modogashe were affected, with the valuation being Sh554.9 million.
“Although the structures are within the road corridor, they are being compensated in line with World Bank guidelines on involuntary resettlement,” said the NLC boss.
On the bias claims, Mr Otachi explained that mud wall structures were being compensated for between Sh12,000 and Sh15,000 per square metre while stone structures compensation ranged between Sh20,000 and Sh40,000 depending on the type.
Mr Methu directed NLC to stop the payments as the committee investigates into the matter.
“We want you to recall the list from KeNHA and halt everything until this matter is resolved. Report back to us on June 13,” Mr Methu directed.
