Settlement scheme members go to court over SGR compensation
Petitioners want the court to compel Kenya Railways Corporation to release details of funds disbursed.
What you need to know:
- Petitioners claim that they and other listed members of the scheme are yet to receive any payments.
- Petitioners want court to compel Kenya Railways Corporation to release details of funds disbursed.
Three members of a settlement scheme have moved to court protesting the delayed compensation after the government compulsorily acquired their land for the construction of the standard gauge railway.
The members of the Dupoto Embakasi Township Settlement Scheme said they were apprehensive that they might lose their dues as the process is shrouded in mystery.
The group further is fearful that unscrupulous and bogus individuals might end up sharing the proceeds.
“In summary, the process undertaken by the respondents in the compulsory acquisition of the petitioners’ parcels of plot was unconstitutional, fraudulent and unlawful,” Konene ole Nkurna, John Saruni and Putita Topoika said in the petition.
They said various government agencies, including the National Land Commission (NLC), Kenya Railways Corporation (KRC) and the Ministry of Lands, held negotiations with them and they were later informed that their plots would be compulsorily acquired for the construction of the SGR.
Fraudulent and unlawful
Mr Nkurana said in an affidavit that they had been informed that KRC released monies meant to compensate them into a joint interest-earning account in the names of two law firms.
However, he and other listed members of the scheme have never received any payments.
Mr Nkurana said the delay or refusal to promptly compensate them is a breach of their fundamental rights.
It is also their argument that the acquisition of their plots as part of the Dupoto Embakasi Township Settlement Scheme was fraudulent and unlawful.
They now want the court to issue and order compelling KRC to release details of the funds disbursed on behalf of the members of the scheme and the details of the agreement between their officials and state agencies, as well as those who were involved in the disbursement.
They also want all relevant documentation that led to the conclusion of the process of compulsory acquisition of the scheme, the list of beneficiaries and the payments processed, tabled in court.
Temporary orders
The members said the government has caused or anticipated their displacement from their homes, dissociating business people and breaking well-established relationships in their respective neighbourhoods.
Last month, the court stopped KRC from releasing funds meant to compensate a different welfare group for compulsorily acquiring of parcel of land in Embakasi estimated to be valued at Sh2 billion.
Justice David Mwangi issued the temporary orders blocking the corporation from releasing or paying Dupoto/Dafur Settlement Welfare for a parcel of land on Mombasa Road, pending the determination of a case filed by four people claiming ownership of the land.
The judge was informed that the corporation was in the process of compulsory acquiring the land and compensating the new entrants using public funds.
“That the court exercising its inherent powers orders that the 5th Respondent (KRC) be and is hereby restrained by way of an interlocutory injunction from releasing or paying the 8th Respondent in respect of acquisition and or purchase of Nairobi/Block 125/2157 pending hearing and determination of the Amended Notice of Motion,” said the judge.
