MPs concerned over slow compensation of persons displaced by state projects

The National Assembly’s Committee on Lands has expressed concerns over the continued delay by the government in compensating landowners displaced during the implementation phase of crucial projects across the country.

According to the members, many households are still waiting to get compensation for several years since these projects which include roads were initiated.

Committee chairperson MP Joash Nyamoko raised these concerns during a meeting with officials from the National Land Commission (NLC) to review the 2025 Budget Policy Statement (BPS).

While protesting over this, Kitui South MP Rachael Nyamai cited the Kibwezi- Mutumo Road in Kitui County.

According to Nyamai, many families considered as Project Displaced Persons (PDP) were yet to be compensated seven years after the commissioning of the project by retired President Uhuru Kenyatta.

This, she stated, is happening despite them voluntarily vacating their lands to pave the way for the project.

“Several elderly persons have even passed away while still awaiting their compensation, while other households have been plunged into poverty and some unable to pay huge medical bills for chronically ill family members,” she said.

However, the NLC defended itself deflecting the blame to the bureaucracy surrounding the release of the funds from other state agencies that undertake the development projects.

NLC chairperson Gershom Otachi and CEO Kabale Tache told the members that the particular compensations including several others were pending due to unavailability of funds.

They argued that failure by other state agencies including the Kenya National Highways Authority (KENHA) to release the necessary funds and in some instances pending court cases regarding contention on ownership of some parcels of land due for compensation were to blame.

Kabale cited an incident related to the Kibwezi- Mutumo road in which an elderly woman still awaiting compensation was due to travel to India for specialised cancer treatment but was yet to receive her compensation.

"People come to NLC expecting their compensation then when they get there we have no money to compensate them. It is very disheartening that even in the case of that elderly lady, we had to go out of our way to her medical bill. She came there several times I cannot even tell if she is still alive," he said.

The NLC Act states that compensation can either be in kind in the form of land or money.

It further says the commission shall determine an award based on the market value of the land to be acquired. 

In the BPS, the NLC budget ceiling in the coming financial year 2025/2026 has been capped at Sh3.01 billion which is an increase of 69.1% compared to the allocation of Sh1.78 billion in the 2024-25 financial year.

The Committee raised concerns about the delayed completion of settlement of the landless, indicating that the project is currently at 13% to completion despite the project utilizing a total of Sh4.41 billion in the last three financial years.

Committee members noted that there was a need for legislation to detach the compensation process from the bureaucracy of other state agencies.

The BPS is a crucial government policy document that sets out the broad strategic priorities and policy goals that will guide the National and County Governments in preparation of their Budgets for the next Financial Year (2025/2026) and over the medium term.

The Committee will retreat to draft its report on the BPS which the Committee chair will defend before the Liason Committee that is processing the 2025 BPS owing to the pending reconstitution of the Budget and Appropriations Committee.

The Liason Committee will subsequently table a Report in the House after meeting all the State Departments for debate and approval.