Stalemate stalls construction of SGR

Imagine constructing a road in such a way that if the owner of one piece of land does not let you dig, you skip and go to the next parcel.

Such is the scenario being witnessed in Oloosirkon ward, Kajiado County, in the initial construction stages of the second phase of the standard gauge railway (SGR).

The contractor is working on plots whose owners have allowed clearing to go on while skipping those where approval has been denied.

The construction was happening in patches when the Sunday Nation visited the area commonly known as Twala recently.

SURVEY

Pegs and white lime markings placed in the initial stages of the survey to guide the contractors remain even in places where four or more consecutive plot owners resist efforts to have their property dug up.

Land owners, however, complain that China Road and Bridge Corporation (CRBC) officials have been seeking to make informal arrangements about acquiring their land while continuing with the work before the conclusion of the formal process led by the National Land Commission (NLC).

A land owner, who sought anonymity, told the Sunday Nation that the Chinese contractors usually meet a land owner in the company of the area MCA and provincial administration officials.

Those who accept the deal and allow construction on their land are asked to sign an agreement and will start receiving a monthly allowance of Sh20,000 per acre.

“The contractor has no way of verifying who the real owners of the plots are. All you need to do is lay claim to any vacant land, be paid and the contractor begins work,” said a source, who was among those who rejected the offer.

ALLOWANCE

Questions also remain on whether or not the monthly “allowance” will be subtracted from the total figure that will eventually be issued as compensation.

“If you ask them what happens if the government does not offer compensation, they tell you that at that time you can stop the SGR,” claimed another land owner.

Mr William Kaasha, the area chief, confirmed that some residents were indeed receiving monthly allowances to let work begin in their land.

“It’s not happening everywhere; only on land without buildings. And they (contractors) call the owner and reach a written agreement. I’ve not heard of problems,” he said.

Another resident, who also spoke in confidence, told Sunday Nation that in February, a meeting was organised between the Kenya Railways Corporation, the provincial administration, NLC and the land owners where the procedure of land acquisition was discussed.

“Upon earmarking which portions of land would be affected, the government was to gazette the parcels picked for compulsory acquisition. Thereafter, valuation was to be done, owners compensated and the land was to revert to Kenya Railways,” he said.
COERCE

CRBC’s Liaison and External Relations Department denied claims that it was using underhand tactics to coerce owners into surrendering their land.

“After transparent discussion, these agreements are legally signed between our sub-section offices and the plot owners, at completely free will and careful verification of the land ownership,” the Chinese company’s representative said.

The statement to the Sunday Nation indicated that the land owners who have these agreements with the sub-section office “are also fully aware that the deadlock is generated from the official land acquisition and compensation delayed by the current political situation”.

CRBC said the company was paying for early entry into land but said the money would not be subtracted from the government’s compensation figure.

PLAN

“The facilitation offered is only for the sake of establishing harmonious, interactive and positive community relationship between our office and affected residents, which is actually part of our company responsibility. The facilitation has nothing to do with the land compensation whatsoever,” the firm said on Friday

On whether every land owner was receiving Sh20,000 per acre, the company’s representative said: “The amount of facilitation varied according to the various land owners, based on the acreage, and other elements.”

Commenting on the stalled land compensation in September, NLC chairman Muhammad Swazuri said there was little that could be done.

“Our hands are tied. We were expecting a resettlement action plan from Kenya Railways weeks ago. We can’t go to the ground to clear the way without the plan,” he said.

The second phase of SGR aims to extend the track 120km north from Nairobi to Naivasha and is expected to be completed in 36 months at a cost of Sh150 billion.