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{
"id": 1545252,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545252/?format=api",
"text_counter": 37,
"type": "speech",
"speaker_name": "The Cabinet Secretary for Water, Sanitation and Irrigation",
"speaker_title": "",
"speaker": null,
"content": "Part (b) of the Question is why the Government has not paid out compensation to PAPs years after the project commencement and timelines for completion of the project. I respond that the delay in land compensation has been occasioned majorly by lack of budget. This has resulted to several litigation cases in court by the aggrieved PAPs, which has further delayed the process. In order to complete the land compensation process, the management of the NIA has engaged the National Land Commission (NLC) for guidance on how to proceed with the exercise. This resulted in NLC visiting the irrigation scheme and a subsequent engagement with the PAPs between 18th to 22nd November, 2024. On 5th February, 2025 the Commission gave guidance on the process for finalization of compensation for the project. In its communication, the Commission gave the following guideline- (1) That immediate payment of the available compensation fund amounting to Kshs68 million. (2) That wayleave land acquisition for all title holders and PAPs, who formally declined offers issued by the Authority be addressed by the Commission. (3) That the Authority established a grievance resolution mechanism involving key stakeholders, which are National Government Administrative Officers (NGAO), NIA, NLC, Scheme Leadership and PAPs. (4) The Authority in liaison with the Commission to plan for final survey and vesting all the titles acquired in order to secure its interest. On 11th February, the Authority formed a team to spearhead the compensation payment and the committee has come up with the following payment program for the Kshs68 million- The programme is to verify PAPs by mid-March and make first payment because PAPs are allowed to be heard, especially on land matters in case of any grievances. Then by 15th June, the last part of payment will be made and the total will be Kshs68 million. On part (c) of the Question, I am required to explain the delay in completion of the project. The delay in completion of the project is due to budgetary challenges. There has been low budgetary allocation for land compensation in irrigation infrastructure development leading to slow progress in implementation. The Ministry has continued to engage other development partners for other sources of funding to support infrastructure development. Currently, engagement with Dutch partners is ongoing although they have been non-committal. The second reason for delaying completion of the project is the land valuation disputes. Determining the value of land and property affected by the project has proven to be a complex process. Disagreements between the Government and landowners over valuation of land and other infrastructure resulted in significant delays. There are approximately 50 disputes currently being addressed by the grievance redress committee. The last is the legal challenges. Landowners filed around 25 legal suits against the Government concerning compensation cases, land acquisition matters and other related matters. These have had a substantial delay in the compensation process as this has led to extended periods to resolving courts. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1545253,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545253/?format=api",
"text_counter": 38,
"type": "speech",
"speaker_name": "The Cabinet Secretary for Water, Sanitation and Irrigation",
"speaker_title": "",
"speaker": null,
"content": "Hon. Speaker, with the current strong commitment by the Ministry to compensate all landowners, I am appealing to this House and the Hon. Senator to support the out-of- court settlement approach that the Ministry has proposed for the landowners. In addition, the total budget required for the remaining around 10,000 acres is projected to be Kshs2.72 billion. This will be done in phases depending on fiscal space, starting from the Financial Year 2025/2026. Mr. Speaker, Sir, in light of this, I humbly seek the support of the honourable House for the allocation of the necessary budget to ensure the successful and timely completion of this crucial project. I submit."
},
{
"id": 1545254,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545254/?format=api",
"text_counter": 39,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Eddy, that is a fairly comprehensive response to your question. Do you have any supplementary questions?"
},
{
"id": 1545255,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545255/?format=api",
"text_counter": 40,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "Thank you again, Mr. Speaker, Sir. First of all, I must be good that for the first time, I have added my hand to the list. It is a very comprehensive list that was received today from the stamp that I am seeing here in the Senate Journals office. Since this is an original copy and with the order of this House, I wanted to request that perhaps you could allow the Senate Journals office to make a copy of the list for me, so that I can go and examine it properly from where I can perhaps further engage the Ministry. It will only be fair that way because, several issues are coming from what the Cabinet Secretary has shared, including issues of litigation. I believe that from this list, I will get that detail. For now, I will not have a further question until I examine the list and then I will comprehensively engage the Ministry, but just perhaps a comment from the Cabinet Secretary when he said that he would want to plead with the Senator for Migori County to help engage with those who are in court over these wayleaves for out of court settlement. Perhaps, I would want to hear his comment on how that is structured. Would he be thinking about that after compensation or before compensation, or is there a structure that he wanted us to work on together to be able to talk to the individuals who are affected and who have problems in court? Otherwise, I am grateful for the list. It is a very comprehensive list, and I will get back to the Ministry appropriately through the House."
},
{
"id": 1545256,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545256/?format=api",
"text_counter": 41,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Maybe as a way forward, hon. Senator, I will ask the Clerk to make available a copy to you and thereafter, you can engage the Cabinet Secretary on all matters, including how best you can help in the out-of-court settlement. We will now move to Sen. Wambua."
},
{
"id": 1545257,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545257/?format=api",
"text_counter": 42,
"type": "speech",
"speaker_name": "Sen. Wambua",
"speaker_title": "",
"speaker": {
"id": 13199,
"legal_name": "Enoch Kiio Wambua",
"slug": "enoch-kiio-wambua"
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"content": "Thank you, Mr. Speaker, Sir. Mine is just a clarification that I want to get from the Cabinet Secretary. He mentioned that one of the reasons for the delay in the completion of the project is the whole issue of low budgetary allocation for purposes of land compensation. I ask the Hon. Cabinet Secretary whether he is aware of the provisions of Article 40 of the Constitution on what the Government needs to do when it acquires land from individual persons for purposes of public utility. That the persons who have surrendered their land for purposes of public utility must be compensated promptly and in full. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1545258,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545258/?format=api",
"text_counter": 43,
"type": "speech",
"speaker_name": "Sen. Wambua",
"speaker_title": "",
"speaker": {
"id": 13199,
"legal_name": "Enoch Kiio Wambua",
"slug": "enoch-kiio-wambua"
},
"content": "He is one of the budgets. He is the one who presents a budget. He is the one who gets allocation. At what point will we then make sure that the persons who have given out their land proposal for this project get their due compensation? It is a running issue in almost all Government projects, and we must begin to bring an end."
},
{
"id": 1545259,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545259/?format=api",
"text_counter": 44,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Cabinet Secretary, please, note down the questions and you will respond to them at a go. Proceed, Sen. Mandago."
},
{
"id": 1545260,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545260/?format=api",
"text_counter": 45,
"type": "speech",
"speaker_name": "The Cabinet Secretary for Water, Sanitation and Irrigation",
"speaker_title": "",
"speaker": null,
"content": "(Hon. (Eng.) Eric Murithi Mugaa): Thank you, Mr. Speaker, Sir."
},
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"id": 1545261,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545261/?format=api",
"text_counter": 46,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon Cabinet Secretary, I have just directed that you note down the questions and, thereafter, you will respond to them at a go."
}
]
}