- In August last year, concerns were raised over inordinate delays in the compensation of landowners whose parcels have been taken under compulsory acquisition by the government.
- In most cases, land has been acquired to pave the way for the development of various infrastructural developments.
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No government project should commence during the next Financial Year before owners of land are compensated, the Select Committee on Budget and Appropriations has recommended.
The committee, in its report on the Budget Policy Statement for the Financial Year 2024/2025, cited delayed compensation for land acquired by the government from individuals for various projects in previous years.
The report said the Cabinet Secretary for National Treasury and Economic Planning should prioritise payment for land in the Financial Year 2024/2025 Estimates before they are submitted to the National Assembly.
“Going forward, no government project should commence before owners of the land are compensated,” the report by the Ndindi Nyoro-led committee said.
Sections 111 and 115 of the Land Act, 2012 provide that land acquired compulsorily shall be paid promptly and in full to all persons once notices of an award have been served upon all persons determined to be interested in the land.
In August last year, raised concerns over inordinate delays in the compensation of landowners whose parcels have been taken under compulsory acquisition by the government.
In most cases, land has been acquired to pave the way for the development of various infrastructural developments.
According to the lawmakers, the majority of Kenyans now find themselves in severe destitution due to the delayed compensation, sometimes taking years.
MPs faulted the national government for subjecting Kenyans to suffering even after pushing them out of their land.
Delayed payments of compensation for compulsorily acquired lands by the state have also been cited as a major cause of land litigation and inadequate security of tenure in the country.
Compulsory acquisition of land has to be carried out in a manner that strikes a balance between private and public interests without arbitrarily infringing on individual or community rights to property.
In the report, the committee further recommended that the Cabinet Secretary for National Treasury and Economic Planning prepare guidelines for the proper costing of government policies, projects and programmes.
The guidelines are geared towards minimising discrepancies between planned and actual resource requirements before the preparation of the 2025 Budget Policy Statement.
The committee also recommended that before submission of the Budget Estimates for the Financial Year 2024/2025, the Cabinet Secretary for Housing, Urban Planning and Public Works provide to the National Assembly guidelines on the use of local materials in the development of affordable houses.