Construction of the Sh98 billion Kotulo-Modogashe road is set to begin after the Environment and Land Court lifted an order that had stopped the release of compensation funds to families affected by the project.

The ruling clears the way for the ambitious road that will connect Isiolo, Modogashe, Wajir, Kotulo, Elwak, Rhamu and Mandera, traversing the counties of Isiolo, Meru, Garissa, Wajir and Mandera.

Justice John Mutungi dismissed a petition by two residents—Osman Abdille and Fardowsa Abdullahi—who had moved to court seeking to block the National Treasury and the World Bank from releasing funds to the Kenya National Highways Authority (Kenha) for land acquisition and compensation.

The two had also sued the National Land Commission (NLC), the Attorney-General and listed several other parties as interested parties.

In the ruling delivered on June 20, the judge said the petitioners failed to provide sufficient grounds to justify stopping the payments, especially given the public importance of the project.

“The money has been availed and I would find no justification to sustain a conservatory order whose effect would be to stall works on the affected section. That would be prejudicial to the wider public interest,” said Justice Mutungi.

He noted that valuations for the compensation had already been carried out and the only step remaining was disbursement.

He pointed out that the petitioners had not shown that they were directly affected by the project or that any affected families had objected to the compensation valuations.

“The amount payable to every affected person, having been ascertained, does it make any difference by whom the disbursement was made? I do not think so,” the judge stated, adding that Kenha, as the implementing agency, is allowed to carry out the disbursements as long as it keeps proper and accurate records of payments.

Justice Mutungi also ruled that the petitioners’ claim that only the NLC had the mandate to acquire land and handle compensation was not enough reason to stop the process.

“The first respondent (Kenha) is authorised to disburse the compensation limited to ‘replacement assets’ and ‘livelihood restoration’ as computed and certified by the NLC,” he said.

He added that public interest in the project outweighed the petitioners’ arguments, and said halting the compensation process would have unfairly delayed a project meant to open up northern Kenya and improve regional connectivity.