BY SAM ALFAN.
Residents of a village in Embakasi area in Nairobi have moved to court seeking details of Sh2 billion released by Kenya Railways Corporation (KRC) to compensate them for a parcel of land compulsorily acquired by the state corporation.
The 187 residents of Dupoto/Dafur Settlement Scheme wants the corporation to provide payment details of the disputed suit property and documents that were used in the process and the bank accounts, among other details.
The residents also want the National Lands Commission, Ministry of Lands, Johnson & Partners Advocates LLP, Sankale & Co Advocates among others to provide details and documentation of any disposal of the entire or part of the land measuring 95 hectares.
The details include the cost of sale, the mode of payment and to which bank account the purchase price was deposited.
The residents said they were informed by their officials and their former advocate that the expected initial amount of the purchase price for the sale of part of their land was Sh2.7 billion, which was allegedly released by KRC and was to be disbursed equitably to all the members.
“Prior to the sale, the National Land Commission had acquired a portion of the land excised from the land known L.R. No. 2935 belonging to the 1 Respondent and the compensation payable to the beneficial owners is yet to be disbursed,” the petition stated.
The court heard that on December 19, 2023, the petitioners (being members of Dupoto/Dafur Settlement Welfare Scheme) were paid nominal and varying amounts of money by the Johnson & Partners Advocates LLP and Sankale & Co Advocates for the sale of their land.
The land was excised from the land known L.R. No. 2935, measuring 93 acres of land acquired by KRC.
It is their argument that they were entitled to a fair compensation for the sale of their property but on the contrary they were shortchanged and their rights violated.
The petitioners claimed that the payments received were unexplained, sporadic and contrary to the legitimate expectation as they thought there would be equity in the process of compensation and transparency.
“That as it stands, the Petitioners are apprehensive that further payments (on account of compulsory acquisition) in addition to the Sh 2, 750,000,000 may be paid anytime now by the KRC purportedly on behalf of the petitioners to the two law firms and the same may be apportioned unfairly as has already happened,” says the resident.
They are apprehensive that any further payment without the intervention of the court will be to their detriment, as have already been evicted from the property without following due process.
The petitioners added that they do not have details of the acreage of their property acquired and the portion that remains and the balance due.
It is alleged that attempts to follow up were scuttled when their lawyers on record as Messrs Letangule & Co. Advocates had been illegally removed.
“It is extremely necessary that this court urgently determines this petition since the respondents may go ahead to make further payments to the officials and the two law firms, which payments may never reach the intended beneficiaries,” the settlers said.
