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The National Assembly Departmental Committee on Tourism and Wildlife in a session chaired by Kiambaa MP, Hon. John Wanjiku met with the Director General of Kenya National Highway Authority (KeNHA), Eng. Kungu Ndungβu to discuss an outstanding compensation to the Kenya Wildlife Services (KWS).
The outstanding amount of Kshs.2.4 billion is part of Kshs.3.7 billion compensation agreed upon for land used in the construction of the Southern Bypass Road in Nairobi.
Members questioned the initial payment process and the subsequent delay in settling the remaining balance.
In response, Eng. Ndungβu clarified that KeNHA was not avoiding the compensation. He explained that the agreement did not initially include land compensation and that despite the agreement being executed, the issue of "compensation" implied compulsory land acquisition, prompting KeNHA to seek advice from the Attorney General.
He cited the Land Act of 2012, which stipulates that compensation for compulsory acquisition should not be paid to a public body unless the land was purchased and developed by the public body. The Attorney General advised KeNHA to further engage the National Lands Commission (NLC) and the National Treasury to resolve the matter.
"We have tried to reach out to the other parties for a meeting to settle this issue but have not been successful. We are ready to engage and resolve this issue," said Eng. Ndungβu.
In a letter to the National Assembly, KWS stated that they signed an easement agreement in September 2015 for the construction of the Southern Bypass Road, agreeing on a compensation amount of Kshs.3.7 billion. While KeNHA has paid Kshs.1.2 billion, KWS has been unsuccessful in securing the outstanding Kshs.2.4 billion.
The letter pointed out that the State Department for Infrastructure had committed to settling the amount and requested KWS to allow the contractor to access the park.
KWS emphasized that their attempts to follow up on the payment have been ignored, with their letters unacknowledged and unanswered, despite continuous efforts
