Road agencies owe the National land commission (NLC) a total of Sh36 billion meant for compensation of project-affected persons (PAPs), it has emerged.
The Kenya national highways authority (Kenha) has an outstanding amount of Sh35 billion while the Kenya urban roads authority (KURA) is owed Sh1.8 billion.
The revelation was made Thursday when the top heads of the agencies including the NLC appeared before parliament’s Departmental committee on lands chaired by North Mugirango MP Joash Nyamoko.
The committee had raised concerns over the delay by the commission in compensating the land owners and entities.
Documents tabled by KURA show that 53 PAPs were to be awarded Sh2.2 billion in compensation but only Sh401 million had so far been paid.
While responding to the questions of the members, the agency’s Director General Silas Kinoti submitted that the amount was part of its pending bills which accounts for 9 percent of the total bill.
The projects named are-Northern and eastern bypass (Tulip), Northern and eastern bypass (Karagita), Githurai Kimbo phase III and Hospital road-Mbagathi link road.
Kinoti who had been hard-pressed to explain this also cited budgetary constraints as the main cause for the delay adding that Sh220 million had been factored into the current budget to offset the bill.
“The allocated resources to this authority are not adequate to settle all the pending bills. We are however in constant communication with the Treasury through the parent ministry to avail additional resources which once we receive all pending bills including land compensation will be settled,” he said.
Kinoti further told the committee that it is the people who push for the project to be implemented as they wait for compensation.
“We do not take the lands by force; it is the people who give us a go-ahead to undertake the projects as they wait for the money,” he noted.
The Director General for Kenha Kungu Ndung’u told the committee that Sh84 billion were set aside as compensation for the 60 projects across the country out of which Sh49 billion have been paid hence the outstanding Sh35 billion.
Partly paid projects take a total of Sh80 billion awarded for 31 projects out of which only Sh45 billion has been paid leaving a balance of Sh35 billion while Sh4 billion accounts for 29 paid projects which have fully been paid for.
Dropping in the budget, Kungu said, is cited for failure to clear the pending bill adding that their projects are multi-year.
He explained that changes in plans have continually affected their compensation structure.
The land commission was also taken to task for what the MPs said was a violation of the procurement Act by approving the commencement of the projects when people affected are yet to be compensated.
“We need roads but why can’t you clear land issues first,” said the MPs.
Nyamoko said:
“You have no reason to claim that the acquiring entity has not complied with certain requirements, NLC has become a litigant in all matters affecting the road agencies.”
NLC commissioner Kazungu Kambi while making his submission during the sessions said they have challenges in making compensations since the agencies have over time gone ahead to start projects the law is clear that no project should commence when there is no money for such purposes.
