Fishermen say KPA blocking Sh1.7bn Lamu Port payout

Fishermen at the Mokowe Jetty in Lamu in April 2021. FILE PHOTO | NMG

What you need to know:

  • The 4,700 fishermen successfully sued the government in 2018, arguing that the construction of Lamu Port South Sudan Transport Corridor (Lappset) was implemented in violation of their rights.
  • A bench of four judges of the High Court ruled in favour of the fishermen in April 2018.
  • A meeting scheduled for last month chaired by the county administration officials aborted at the last minute and the fishermen are now reading mischief.

A group of fishermen has accused Kenya Ports Authority (KPA) of withholding Sh1.7 billion paid to them by the government to pave way for the construction of Lamu Port.

The 4,700 fishermen successfully sued the government in 2018, arguing that the construction of Lamu Port South Sudan Transport Corridor (Lappset) was implemented in violation of their rights.

They complained that the project will have far-reaching consequences on the marine ecosystem through destruction of mangrove forests, discharge of industrial effluents and negative impact on fish species as well as other marine life.

A bench of four judges of the High Court ruled in favour of the fishermen in April 2018. The government appealed against the decision but the parties later reached an out-of-court settlement which was to see the residents compensated.

But months down the line, the fishermen say they are yet to receive the money, which was released by the National Treasury.

“We continue to hold the view previously expressed that the compensation amount paid out by the National Treasury is currently held in trust for our clients and any accruing interest should rightfully benefit our clients –bona fide beneficiaries of the amount which was agreed in court by all parties,” the fishermen wrote to KPA through their lawyer Lempaa Suiyanka.

A meeting scheduled for last month chaired by the county administration officials aborted at the last minute and the fishermen are now reading mischief.

“Consider this, therefore, our request to be provided with a statement of account indicating: the account to which the compensation amount has been paid by the National Treasury; whether the amount is accruing interest and if so, to be informed of the beneficiary of any interest accruing from the amount,” Mr Suyianka said.

The fishermen argued that they have traditional fishing rights to the routes and zones immediately next to the archipelagic waters of Lamu Island within Kenya’s waters.

Last year, KPA attributed the delay to the demand by the fishermen to be paid cash in full, going against the agreement that had been reached earlier.

KPA said it had initially agreed with the officials of the farmers’ organisation Beach Management Unit that 65 percent of the compensation would be in cash and 35 percent in form of equipment, but they later rejected it asking for the whole amount in cash.

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