Compensation hitch could derail new railway plans

By HAROLD AYODO

A storm is brewing over compensation of families to be affected by the construction of the standard gauge railway line.

The National Land Commission (NLC) recently issued a notice to compulsorily acquire private property to allow for the construction of the modern railway line in Contravention of the constitution, which forbids the State from depriving a person of property unless for purposes of public interest and compensation paid.

“Deprivation requires prompt payment in full and just compensation. It also allows any person who has an interest or right over property access to a court of law,” says the Constitution.

Provisions may also be made for compensation to be paid to occupants in good faith without title deeds.

“Parliament shall not enact a law that permits the State or any person to arbitrarily deprive a person of property or limit their enjoyment,” says Article 40(2) of the supreme law.

However, the property and compensation rights will not apply to property acquired unlawfully, according to the Constitution.

Confusion came to the fore recently when National Land Commission Chairman Muhammad Swazuri appeared before the Parliamentary Public Investment Committee (PIC).

It emerged that the Commission gazetted a notice of intention to acquire 27 parcels of private land in Taveta, Kwale and Makueni counties.

A section of residents in Voi recently opposed the railway line passing through their private land because the Gazette Notice number 724 released on February 2 this year by NLC had not included their names for compensation.

According to the notice, properties LR NO 24360 and LR NO 24361, which belong to Tsavo East and West National Parks under the Kenya Wildlife Service are the only ones earmarked for compensation.

In response, Commission assured the residents that they would be compensated for their land and property along the standard gauge railway line.

“There is no cause for alarm because a second list is being worked on currently. Those who were not included on the first list will be included in the next gazette notice,” said Swazuri.

FLOUTED LAW

According to PIC, the Commission flouted the law by issuing notice of acquisition of private land without assurance that money was available for compensation.

The Commission was also taken to task for claiming that they were not aware of the true value of land they intend to forcefully acquire.

The parliamentary watchdog committee also noted that the cost of the proposed project might rise beyond the estimated Sh327 billion following the increased cost of compensating landowners.

The latest development comes after it emerged that Treasury has set at Sh8.04 billion as the cost of compensating landowners evicted towards construction of the standard gauge railway line.

“It is not possible to know the value of the land since valuation has not been done. Kenya Railways has valuers and may have done preliminary valuations,” Swazuri told the committee.

PIC Committee Member John Olago says the Commission may burn its fingers over compensation of the private landowners.

“NLC are going to fall into serious problems by gazetting the notice of intention to acquire people’s land without money to compensate them,” Olago says.

According to Olago, it is important knowing whether Kenya Railways confirmed to the Commission that there is ready money for compensation.

According to PIC Committee Member Mithika Linturi, the private parcels of land should not be gazetted if there is no money to compensate them.

“The country has transcended from the era when private land could be taken without compensation,” Linturi says.

The looming acquisition will put to test constitutional provisions on protection of the right to property.

According to Article 40 of the Constitution, every person has the right either individually or in association with others to acquire and own property in the country.

The parliamentary watchdog recently invited the NLC to shed light on the progress being made towards acquisition of the land followed by compensation.

DELAY

Swazuri said that the Kenya Railways Corporation has not furnished it with details of parcels where the standard gauge railway will pass, delaying compensation.

However, Swazuri said that the Corporation promised to notify them on where the railway line would pass from Mombasa to Nairobi

“The KRC has so far submitted the first 56 kilometres that extend from part of Mavumbo and South Samburu Group ranches in Taita Taveta County, the Kenya Wildlife Tsavo-East and Tsavo-West in the county, to Kathekani in Makueni County,” Swazuri said.

He said that the Corporation was yet to provide information on the next 220-kilometre stretch for it to verify and validate.