Mohammed Swazuri, Lamu County lock horns over 12,000-hectare project land

However, Dr Swazuri fired back at Osman, asking him to stop misleading the public over the eligibility of the two companies. He said Cordisons has local approval but lacks the capacity to handle the project.

Swazuri questioned why Cordisons should retain the 12,000 hectares, when Kenwind, which has met all the requirements, only needs slightly over 3,000 hectares.

“Giving Cordisons the entire 12,000 hectares yet it only has local approvals is bad business. This is why the commission revoked titles deeds of ranchers in the Coast region to allow for fair competition. Cordisons has not demonstrated its capacity to handle this project,” he said.

“This company has been in existence since 2008 and only received approval for expression of interest from the defunct local authority and now the county government, but its officials are hoodwinking Kenyans that they have approvals from the Government for the PDP project.”

On the other hand, Swazuri argued, Kenwind came in just one-and-a-half years ago and has already obtained the necessary approvals from the national government.

Osman said the land in dispute had been allocated to another investor and the allocation approved by the County Assembly. Correspondence on the same was conveyed to the two, even after the county executive had approved the same for Kenwind and later revoked it.

Osman’s quarrel with Swazuri is that he does not support Cordisons. Mr Masinde found himself in trouble with Osman for authorising the completion of the PDP by the Kenwind Power Project.

“The Physical Planning Act, which gives Masinde powers, was overtaken by events with the advent of the new Constitution,” he said.

“Preparation of the plan by the Ministry of Lands is clearly in blatant contravention of the Constitution and the subsidiary law, which bestows the role of county planning on the countygovernment.”

Osman said Swazuri and Masinde’s actions violated Article 62(1)(a) of the Constitution in regard to the definition of public land.

“As the commission’s chair, you have no powers under the laws of the land to grant authority as you did to Masinde for the preparation of the PDP in respect to land belonging to thecounty. The mandate to plan is bestowed upon the county by the Constitution and the County Governments Act,” Osman said in a letter to Swazuri.

He faulted Sawzuri for claiming to be neutral in the matter. “Contrary to your assertions, it is clear that you have taken it upon yourself to allocate the land to Kenwind in spite of clear instructions from the county advising you on the revocation of the earlier decision,” Osman wrote.

“The county government’s intention is to lease the land, not sell it. This is a clear indication that you are favouring Kenwind.”

But Swazuri defended his decision, saying this is a national government project and there was nothing wrong with Kenwind being allocated the 3,260 hectares it sought.

“NLC sees nothing wrong in allocating the land to the investors. The county government has not been clear on this matter. The Ministry of Energy has given Kenwind the green light,” he said.