Nanok says land acquisition for oil exploration illegal

Turkana Governor Josphat Nanok has dismissed as illegal the planned acquisition of land for oil production in the South Lokichar oil basin.

Nanok cited disregard for the lawful procedure for the acquisition of community land. His remarks came after the Ministry of Petroleum and Mining announced it would pay landowners of 516 oil fields in the county.

"Turkana land is community land, and all bids to acquire land have to be inclusive of all stakeholders—the community and the county government, which holds the land in trust. The plan by the Ministry of Petroleum is, therefore, illegal, null and void," he said. 

Nanok was addressing mourners during the burial of Elizabeth Ikaruat Napetet in Lodwar. Ikaruat was the mother of his personal assistant, Dennis Nakibuse.

The county chief promised to stand firm to defend community land rights. 

"Those who think they can come and do this when I am in government should know that it will not happen, and I ask those eyeing the gubernatorial position not to allow it to happen." 

Only the county government, as the custodian of community land, and the National Land Commission, representing the national, have the authority to make decisions on land acquisition, he said.

He warned the NGOs against engagements with the community on land without involving the county government. 

He said his administration will soon hold a stakeholders engagement forum on land use, starting with Lodwar municipality, to decide how to manage land in the county. 

Nanok reassured residents of his commitment to service delivery and completion of development projects before his term elapses next year.

The state is expected to pay out billions of shillings to more than 516 landowners in the county after a British exploration firm Tullow Oil presented a clearer plan for oil production in South Lokichar Basin.

On Thursday last week, Energy Principal Secretary Andrew Kamau said preparations for the compensation payouts would start.

“On Monday, the work in Turkana begins...now that we have better clarity, we can then go ahead and acquire that land and purchase it from the people who are there,” he said after a meeting with Rahil Dhir and Keith Hill, who are the chief executive officers of Tullow Oil and Africa Oil respectively.

Tullow and Africa Oil have a joint venture for the Turkana oil project. Tullow officials said the exploration firm had stepped up the search for a strategic partner to help implement a development plan for oil production.

This will pave the way for the planned development of a pipeline and oil processing facility in the basin that includes a $3.4 billion (about Sh373.6 billion) investment for upstream activities.

The land acquisition for construction of the Lokichar-Lamu pipeline whose implementation was set for last year had faced headwinds, with local leaders reportedly maintaining a hardline stance on the issue.

In 2019, the Turkana government sought court orders to stop the implementation of NLC’s decision to acquire the indigenous ethnic land even as Governor Nanok and Turkana South MP James Lomenen complained about lack of transparency.