Select Kenyans to Receive Ksh 115 Million Compensation After 19 Years
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The Office of the Ombudsman has secured Ksh115.419 million in compensation for residents of Shamakhokho, Vihiga County, nearly 19 years after their land was compulsorily acquired for the construction of the Kipsigak-Serem-Shamakhokho Road.
In a notice dated August 14, the commission stated that the funds were transferred by the State Department for Roads, through the Kenya Rural Roads Authority (KeRRA), to the National Land Commission (NLC) on May 6, 2026, for settlement of the affected residents’ compensation claims.
“The Commission’s intervention has resulted in a breakthrough in the long-standing compensation dispute involving residents of Shamakhokho, Vihiga County, whose land was compulsorily acquired in 2007 for the construction of the Kipsigak-Serem-Shamakhokho Road,” read part of the notice.
Ombudsman Gives Account Of How The Delay Happened
According to the commission, the residents’ land was acquired in 2007 after the compulsory acquisition was gazetted.
However, despite being entitled to compensation, the affected landowners did not receive payment for years.
In 2017, the residents lodged a complaint with the Commission’s Kisumu Regional Office over the prolonged delay after raising the matter with the Ministry of Transport in 2012 but remained uncompensated.
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Following the complaint, the Commission began engaging government agencies involved in the acquisition and compensation process, including KeRRA and the NLC.
Although the process faced several delays, including changes in the legal framework governing land acquisition and difficulties in completing the valuation and compensation procedures, the Ombudsman noted that a joint team from the agencies eventually inspected and valued the affected parcels between July 20 and 30, 2018.
Despite the valuation exercise, the compensation remained unpaid, with the process continuing for several more years.
Furthermore, the Ombudsman noted that in subsequent updates, KeRRA reported that it was unable to make the required payment because it had not received the necessary budgetary allocation.
Government Transfers KSh115 Million for Compensation
Furthermore, the Ombudsman noted that in subsequent updates, KeRRA reported that it was unable to make the required payment because it had not received the necessary budgetary allocation.
The Commission stated that it continued following up with the relevant agencies throughout 2023 and 2024 as the affected residents waited for settlement.
With the matter still unresolved, the Commission intensified its intervention and summoned the Principal Secretary in the State Department for Roads to appear before it on July 7, 2026, to provide information on the delay, but he failed to attend.
As a result, the Commission recommended prosecution under Section 52 of the Commission on Administrative Justice Act, 2011.
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Meanwhile, a breakthrough came after the Principal Secretary informed the Commission that Ksh115.419 million had been transferred to the National Land Commission on May 6, 2026, for settlement of the compensation claims and provided an RTGS transfer advice as proof of the payment.
Following confirmation of the payment, the Commission lifted the Notice to Show Cause/Citation Notice issued against the Principal Secretary. However, its recommendation for prosecution over failure to comply with the Commission’s summons remained in force.
Ombudsman has urged the National Land Commission to take the necessary steps to ensure the compensation is processed and paid to the affected residents without further delay.
It also requested the NLC to provide an update within 30 days on the verification, compensation awards, and completion of payments to the Project Affected Persons.
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