A section of Thika Super Highway in Nairobi/ constructionreviewonline.com

NAIROBI, Kenya May 9- More than Sh1.2 billion has been reported as delayed payout in compensation to landowners which has further derailed key road projects in the country. 

According to the National Lands Commission (NLC), this has resulted from a lack of title deeds, increased court cases, and disputes. 

The NLC told the Public Accounts Committee (PAC) that five out of 25 road projects in the country had been stalled as a result of unresolved disputes. 

Land disputes and court cases tied to wayleave compensation (an annually renewed right of use for utilities over or under a private land giving way to payment to the landowner) are some of the reasons projects have been delayed. This in turn ends up costing taxpayers more. 

The NLC said disputes, lack of searches and other ownership documents, court cases, lack of IDs and account numbers as well as designing and redesigning of the projects had delayed compensation.

This, the NLC said, has affected payment of a combined compensation of Sh303 million to project-affected persons in the five inactive road projects.

The commission listed the Kisumu Northern Bypass Road project where disputes have derailed the payment of Sh104,459,926 to landowners.

Other disputed projects include the Mwatate-Taveta Road Project where property owners were to be paid Sh152,880,317 for compulsory acquisition of land.

Disputes and court cases have prevented the NLC from releasing Sh26,394,200 to landowners who paved the way for the construction of the Kirigiti-Ngewa Road project.

Also affected is the Enaishiara-Ciakariga Road project where displaced land owners are yet to receive Sh13,726,700.

The compensation payout of Sh5,289,050 to beneficiaries of the Posta-Nairobi-Kisumu-Maralal Road project has also been delayed.

“The funds will be disbursed to project affected persons (PAPs) as soon as some of these challenges are addressed,” acting NLC chief executive Kabale Tache told parliament.