By Kennedy Okongo

I think this is my first post on this platform. I have however been making comments on posts made by other people.

You May have heard of or perhaps could be affected by Lower Kuja Irrigation Scheme, a government project some of us may have benefited from or are benefiting from or hoping to benefit from some how in future.

The truth of the matter is that the project as conceived, designed and as had been budgeted for to be undertaken in the year 2012/2013 or thereabouts was abandoned and remains dead to date with no hope in site of it either being revived or completed.

The designed project comprises at least 18 blocks from the intake point at Orango in North Kadem to Aneko in Got Kachola with parts of Lower Macalder Kanyarwanda and Kanyasa wards being covered.
This grand project has consumed billions and non of that is visible on the ground.

At the core of this expenditure is the amount close of to Kshs. 980,000,000/- which was meant to be applied to compensate land owners whose private lands were to be acquired on behalf of NIB then, now NIA for purposes of building Irrigation infrastructure, namely Main canal from the intake point, tertiary canals, feeder canals, storm drains, feeder drains, farm access roads and related works.

You be the judge if you are likely to be affected either negatively or positively and whether you were adequately, justly and promptly compensated.

You be the judge whether where you live if it’s covered, whether such works of building Irrigation Infrastructure has been undertaken or construction works are on going.

Visible Rice farming activities are going on In Sagama area but this is a very small portion. I own lands here in my own rights and I was never compensated yet National Irrigation Authority never compensated me but they have dug earth drains on them and directed water through them. I grew up here.

My grand parents, parents, clan members and relatives used to live here but the rice farming activities ther have displaced them. Causing untold economic and social disruptions.

About 65 adults who had houses here lost them and None of these people were paid the Kshs 10,000/- or less some people got when Ezekiel Okeyo Adundo! Was Incharge. He was paid over a million for the same things already done on my lands and the lands of many others who I represent without a coin.

The people who have been displaced from Sagama have engaged the Resident Engineer at Nyakweri to no avail.

The canals in Sagama are not constructed. They are simply dug which should not be the cause so movement of water is not restricted or controlled thus turning the entire area into a swamp, 24/7 thus degrading the environment.

We have consequently organised ourselves to fight for our rights as are provided for in law to seek compensation for the damages and for the lands.

Section 148 of the Land Act deals with compensation in respect of public right of way.

Compensation in respect of public right of way

(1) Subject to the provisions of this section, compensation shall be payable to any person for the use of land, of which the person is in lawful or actual occupation, as a communal right of way and, with respect to a wayleave, in addition to any compensation for the use of land for any damage suffered in respect of trees crops and buildings as shall, in cases of private land, be based on the value of the land as determined by a qualified valuer.

(2) Compensation relating to a wayleave or communal right of way shall not be paid to a public body unless there is a demonstrable interference of the use of the land by that public body.

(3) Damage caused as a result of the creation of a wayleave shall include any preliminary work undertaken in connection with surveying or determining the route of that wayleave, and whether the trees, crops or buildings so damaged were included in the route of the wayleave as delineated in the order of the Cabinet Secretary.

(4) The duty to pay compensation payable under this section shall lie with the State Department, county government, public authority or corporate body that applied for the public right of way and that duty shall be complied with promptly.

(5) If the person entitled to compensation under this section and the body under a duty to pay that compensation are unable to agree on the amount or method of payment of that compensation or if the person entitled to compensation is dissatisfied with the time taken to pay compensation, to make, negotiate or process an offer of compensation, that person may apply to the Court to determine the amount and method of payment of compensation and the Court in making any award may, make any additional costs and inconvenience incurred by the person entitled to compensation.

The above sections gives a party a right to move to court if he or she is not satisfied with the process and if there is any delay in the negotiations or assessment of the amount for compensation for their lands.

The court is given powers under section 149 to enforce public right of way and or to decide on the compensation issues.

This means that all is not lost as the both parties, NIB and the people claiming from them will be at the seat of justice.

This is the case I intend to file against National Land Commission and National Irrigation Authority.

Those interested in rice farming are encouraged to continue doing so.

Those who intend to pursue justice should join us.

Those sitting at the fence should also sit pretty and wait for the outcome.!

Those interested in making it juicy politically bare also encouraged to make sense out of it at take it as it pleases them.

That is the story as it is.

(The writer is an advocate of the high court, this post was first shared on Facebook and copied to all relevant authorities. The community, through the writer’s law firm has officially written to NIB over these claims)