Members of the National Assembly are now urging Ministries, Departments and Agencies (MDAs), as well as State parastatals responsible for implementing Government road and water projects, to ensure that land availability and compensation for owners are secured before signing any contracts.

This call comes as a result of numerous complaints about the Government's loss of public resources due to contractors charging penalties for idle time during the period they are unable to access designated project sites for road and water infrastructure development.

Members expressed concern over certain state agencies, namely the Kenya National Highways Authority (KENHA) and the Kenya Urban Roads Authority (KURA), which have been identified as the most notorious agencies responsible for incurring significant costs, amounting to billions of shillings as penalties for project delays caused by land compensation issues.

These concerns were raised alongside cases in Taita Taveta County, where victims affected by the Standard Gauge Railway (SGR) project and individuals impacted by the Mombasa-Mariakani road dualling project are yet to receive compensation for their land.

During comments by Members arising from a petition on compensation for land acquired by the Government for the construction of the SGR and Makupa Dual Carriage presented before the House by Hon. Bady Twalib (Jomvu), the Leader of the Minority Party, Hon. Opiyo Wandayi (Ugunja),   said the State Agencies should ensure that they have sufficient budgetary allocations, which should then be transferred to the National Land Commission (NLC) for the purpose of compensating affected individuals.

"There can be no shortcuts. Commencing a project before compensating the affected individuals for their land is unacceptable. According to the law and guidelines, implementing agencies must ensure they have adequate budgetary allocations before undertaking any projects," said Hon. Wandayi.

He further underscored that even in cases where projects are co-funded with international partners, the funds for land compensation must typically come from the Government of Kenya.

"It is crucial that implementing agencies take the responsibility of allocating sufficient funds and transferring them to the NLC for the purpose of compensating affected individuals," added Hon. Wandayi.

According to the Leader of the Majority Party, Hon. Kimani Ichung’wah (Kikuyu)  when a State Agency engages a contractor, they must ensure that the funds earmarked for land compensation have already been transferred to the NLC, and that affected individuals have received compensation.

Hon. Ichung’wah expressed concern over the ongoing misuse and misappropriation of public resources by State Agencies, as contractors penalize entities like KENHA for project delays caused by the inability to access designated project sites.

"We cannot allocate public resources to road construction when engineers and designers are aware that the planned road will traverse land owned by members of the public who have not yet been compensated," stated Hon. Ichung’wah.

Hon. Kangogo Bowen (Marakwet East) said that several individuals have been waiting for compensation for many years. "In these cases Ministries rushed into signing contracts without securing suitable sites for development,"  he said.