Hope for victims of Koru-Soin dam as Tribunal demands compensation

Dozens of families uprooted by the Sh20 billion Koru-Soin Multipurpose Dam project have finally gotten a glimmer of hope after a tribunal directed the government to compensate them within three months.

The compensation, which totals at least Sh2.2 billion, is meant to address the suffering of those whose land was compulsorily taken for the project.

The Land Acquisition Tribunal, led by Dr Nabil Orina, issued the orders to the National Water Harvesting and Storage Authority and the National Land Commission (NLC).

The tribunal pointed out that the State failed to prepare adequately before starting the project, especially by not allocating the money needed to pay those affected.

"It is clear to us that the State was not ready to undertake this acquisition for the failure to provide the necessary funds that would compensate the applicants and other project-affected persons not before the tribunal, who are part of Phase 2 of the project," the ruling said.

The case had been brought before the tribunal by 27 individuals who were among the many affected in 2022 when NLC acquired their land for the dam on behalf of the water authority.

However, even as construction began, the government had not set aside money for compensation, raising questions about the legality and fairness of the process.

"Whereas government projects are subject to planning and budgeting, the failure to set aside funds for the project speaks to its lack of prioritisation, and calls into question the legitimacy and legal propriety of the process of compulsory acquisition in its entirety," the tribunal added.

The tribunal instructed that the money owed should include interest, calculated from January 31, 2022, using the base lending rate set by the Central Bank of Kenya.

The Koru-Soin Dam, which stretches across Kericho and Kisumu counties, was expected to bring major benefits to the region.

These include reducing floods caused by River Nyando, boosting irrigation for farming, producing electricity, and providing clean water to Kisumu City and nearby towns like Awasi, Chemelil, and Ahero.

It is designed to store up to 93.7 million cubic metres of water.

Despite these promises, the project hit a wall in September 2023 after construction came to a halt due to financial difficulties.

Over 1,200 families were affected by the acquisition, many of whom are still waiting for compensation more than two years later.

The tribunal emphasized that no development project can be seen as viable if the people it affects are not paid fairly and on time.

It also noted that delays have disrupted lives and caused hardship to the affected families.

Documents presented in the case showed that the total compensation was assessed at Sh2.2 billion.

However, only Sh501 million was deposited, and that money was used to pay other affected persons.

NLC, which is in charge of acquiring land for public projects, told the tribunal that the remaining money had not been provided and that no funds were allocated for compensation in the 2023/2024 and 2024/2025 financial years.

"The authority further admits that it does not know when such funds will be availed," the tribunal noted.

According to the ruling, "The applicants are entitled to the immediate payment of compensation following compulsory acquisition of their properties."

The tribunal stated that resolving the matter promptly was essential to ease the burden that the project had placed on the affected families and to restore their dignity.