Land secretary Charity Ngilu reportedly did not state how the government intends to resettle the displaced land owners. PHOTO | FILE
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Judge Oscar Angote on Thursday issued orders temporarily restraining State agencies from carrying on with work on any part of the Lamu Port- Southern Sudan-Ethiopia Transport (LAPSSET) project until the land compensation case is determined.
The injunction followed a petition filed in a Malindi court on Wednesday by six land owners seeking to suspend the mega project.
The plaintiffs claim they own land where part of the project is to be initiated and are seeking to be provided with information that would shed light on the mode of resettling and compensating those displaced.
Kenya’s plan to build a second seaport has suffered another setback after the High Court sitting in Malindi halted construction pending determination of a petition filed by land owners.
Judge Oscar Angote on Thursday issued orders temporarily restraining State agencies from carrying on with work on any part of the Lamu Port- Southern Sudan-Ethiopia Transport (LAPSSET) project until the land compensation case is determined.
The injunction followed a petition filed in a Malindi court on Wednesday by Omar Jelani, Kassim Ali, Shumi Bamku, Khauru Omar, Swaleh Mohammed and Mahamad Rajab seeking to suspend the mega project.
The six land owners have named Land secretary Charity Ngilu, Kenya Ports Authority (KPA), the Attorney- General, LAPSSET Corridor Development Authority (LCDA) and the National Lands Commission as respondents.
“An order of injunction is hereby issued for 14 days against Mrs Ngilu and KPA management, by themselves, employees, agents, assigns or any other person acting for or on their behalf from commencing or continuing with the dredging, construction, working on the land, doing port-related works.” said Mr Justice Angote.
This is the second major blow to Kenya’s ambition to build a seaport at Lamu and link its economy to Ethiopia and South Sudan through a railway line, pipeline and road network.
The Sh2 billion project that former President Mwai Kibaki launched with much fanfare during his last days in office first suffered a blow in June when the first budget of President Uhuru Kenyatta’s government failed to allocate any money for its development.
The plaintiffs claim they own land where part of the project is to be initiated and are seeking to be provided with information that would shed light on the mode of resettling and compensating those displaced.
Through their lawyer George Wakahiu, the petitioners claimed Mrs Ngilu visited Kililana where the port offices are located to establish the genuine beneficiaries of the project without consulting the residents.
Afterwards, consultants from KPA were sent to determine the value of land and they recommended Sh1.5 million per acre for each of the 146 farmers who had been identified as the genuine beneficiaries.
The petitioners say they are apprehensive about the whole exercise, adding that Mrs Ngilu could be having a different list of beneficiaries since she reportedly did not state how the government intends to resettle the displaced land owners.
They sought to be provided with the official list from the Ministry of Lands of the beneficiaries.
The case will be heard on December 8, 2014.
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