Two memberd of Daputo Township settlement scheme members have sued the government for failure to be compensated.
They claim that they have never been compensated over the compulsory acquisition of land that was taken from them for purposes of SGR construction.
Konene Ole Nkuruna, John Saruni and Putita Topoika petitioners sats that since the funds were released by Kenya Railways Corporation on behalf of all members of the Daputo Township settlement scheme to a joint interest earnings account which is held in the name Johnson and Johnson Partners LLP and Sankale and Company Advocates at KCB bank Kipande Branch.
“ Compensation for the petitioners plots has been darkened and infested by unscrupulous and bogus few individuals”reads court papers
They argue that they are yet to receive any information on the details of the agreement between the respondents and the state agencies that were involved in the transaction including the documentation that led to the conclusion of the process of compulsory acquisition of their plots and the list of beneficiaries and the payments that were processed.
“The petitioners are aggrieved by the arbitrary actions undertaken by the respondents as the money that was already released for compensation is public funds and purchase price for parcels of land belonging to the petioners herein,”reads court papers
They argue that the delay and the refusal by the respondents’ actions is in breach f their fundamental rights.
Further they say that Unless the court grants them orders they will continue to suffer the complained violations in a manner that cannot be compensated by way of damages.
“The violations demonstrated and the threat of continued violations are within the jurisdiction of this honourable court,”reads the court papers.
Through lawyer Konene Ole Nkuruna,the residents argue that following consultations it was agreed that the said parcels of land constituting Dupoto Embakasi Township Settlememt Scheme were to be compulsory acquired for the construction of the standard Gauge Railway.
However, they claim that they have never received any communication on the actual price agreed upon ad the acreage of land that was to be acquired for the purpose.
Those named as respondents inthe case include National Land Commision ,Kenya Railwas Corporations ,Ministry of Lands ,Kenya Commercial Bank Limited and Duputo Embakasi Township Settlement Scheme.
