The Battle for Compensation in the Shadow of the Standard Gauge Railway

Led by Konene Ole Nkuruna, John Saruni and Putita Topoika, they claim that their plots constitutes the Dupoto Embakasi Township Settlement Scheme which was compulsory acquired by the Kenya Railways Cooperation for the construction of the SGR.

Those who were accused are National Land Commission, Kenya Railways Cooperation, Ministry of Lands, Kenya Commercial Bank limited and Dupoto Embakasi Township Settlement Scheme.

Through their lawyer, they claim that they were left out and their names were omitted from the list of members of the scheme who were fairly and justly compensated in exchange for their plots whilst they were registered and beneficial owners of the plot numbers those constitutes Dupoto Embakasi Township Settlement Scheme.

However, up to date, the group has never received any communication on the actual purchase price agreed upon and the acreage of the land that was to be taken for that purpose.

Further they have never received a copy of the offer letter, the sale agreement or transfer despite being collective owners and members of the Dupoto Embakasi Township Settlement Scheme.

They says that they only received information from the Dupoto Embakasi Township Settlement Scheme that they had received compensation from the Kenyan Railways being part of the compensation for the plots acquired and the members of the scheme were advised to furnish with their bank account details for disbursement of the funds.

Equally, they were advised to vacate their plots as they would receive money to purchase other properties which are yet up to date.

According to the petitioners, the information that is circulating around the members of the scheme revealed that the Kenya Railways Cooperation released funds to all members of the scheme in a joint profit-earning account held at Kenya Commercial Bank limited, Kipande Branch in the name Johnson and Johnson partners LLP and Sankale & company advocates.

They claim that the process of compensation for the plots has been darkened by acts deployed to ensure that some few individuals share the proceeds of the transfer of petitioners’ plots amongst themselves.

Additionally, they are yet to receive any information on the details of any agreement between the respondents and the state agencies that were involved in this transaction including the documents that led to the conclusion of the process of compulsory acquisition of their plots and the list of beneficiaries and the payment that was processed.

They are aggrieved by the arbitrary actions undertaken by the respondents as the money that was already released for compensation is public funds and purchase price for parcels of land belonging to the petitioners in this suit.

They affirm that their ownership to the plots constituent at Dupoto Embakasi Township Settlement Scheme has never been disputed and they have the respective certificates of the same.

Section 8 of the land acquisition Act. Cap 295 of the laws of Kenya provides that

“where land is compulsory acquired full compensation is to be paid to all persons interested in the land.”

Failure to award compensation is a breach of their right to fair administrative action which is safeguarded by the law.

As a result, their families have been displaced from their homes and dissociating business people from their businesses and breaking well established relationship in their respective neighborhoods and left suffering injustice of no compensation.

The reliefs sought in this petition are intended to safeguard their fundamentals rights and freedom in the Bill of Rights from further violation by the respondents.