Swazuri demands involvement of lands commission in Lapsset matters

National Land Commission Chairman Muhammad Swazuri. Coast counties have been directed to submit lists of all expired land leases to the National Land Commission. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • He especially wants the lands commission involved in the acquisition and compensation of the port land.
  • Dr Swazuri said NLC is the only body with powers to carry out compulsory acquisition, valuation and compensation.
  • He faulted the various organisations involved in the compensation of the Kililana and Mashunduani farmers.
  • He said the longstanding challenges would not be what they are today if the commission had been involved from the start.

National Lands Commission (NLC) chairman Muhammad Swazuri has demanded full involvement of his commission in matters concerning the Lamu Port South Sudan Ethiopia Transport (Lapsset) Corridor.

He especially wants the lands commission involved in the acquisition of the port land and compensation of the families whose land was taken to pave way for the project.

Dr Swazuri said NLC is the only body with powers to carry out compulsory acquisition, valuation and compensation whenever the government is to acquire land for any state project like the multibillion-shilling Lapsset project.

He faulted the various organisations involved in the compensation of the Kililana and Mashunduani farmers saying it was unconstitutional for such organisations to be incorporated and NLC left out.

NLC'S JOB

“I will leave them to conduct the work so that I may not appear to be against them. However, the Constitution is very clear.

"Lapsset is a government project and so it is only NLC that can do the acquisition and compensation unless the law was changed.

"I am not afraid to say that we have been denied our job,” said Dr Swazuri.

He said the longstanding challenges would not be what they are today if the commission had been involved from the start.

Swazuri expressed his discontent with the national government’s involvement of different organisations and individuals in the compensation process of the Kililana and Mashunduani families saying it was the major cause of controversies that have so far delayed the compensation process.

He said as a commission they had already written to the organisations in charge, indicating the way they had been violating the law by not involving NLC in the Lapsset land valuation and compensation activities.

NO MANDATE

“I know of several organisations included in this exercise. There is the Kenya Ports Authority, Lapsset Committee, the Ministry of Public Works, Ministry of Transport and other consultants.

“None of them has the mandate to do land valuation and compensation except NLC. All of them hijacked the mandate of the commission,” added Dr Swazuri.

Touching on the issue of amount agreed for compensation, the NLC boss said it was inappropriate for the government to impose a fixed amount of Sh1.5 million per acre on any land taken for the project.

He said the value of land is arrived upon depending on several factors.

LAND RATES

“Even if pieces of land were at the same place, you cannot give them equal rates. Factors affecting one piece will be different from those affecting the other.

“Lands might appear the same but each one has different characteristics and should therefore be compensated differently,” said Dr Swazuri.

Dr Swazuri’s sentiments come days after Lamu Governor Issa Timamy on Monday said his government will not allow a reduction in the amount agreed with the national government as compensation for families whose land was taken for the construction of the Lamu port.

An acre of land at the port site is supposed to be compensated for a fixed amount of Sh1.5 Million and so far Sh1 billion has already been paid to the Kenya Ports Authority, which is supposed to compensate the residents.