Judge Orders Ketraco To Pay Millions In Wayleave Compensation

A source at (Ketraco) who spoke to The Weekly Vision on condition of anonymity for fear of victimization said that all the pending claims now running into billions of shillings came about as a result of corrupt practices by senior managers. Some of the dirty dealings by the managers at Ketraco led the Environment And Land Court at Nakuru to make a ruling against the Kenya Electricity Transmission Company (Ketraco), the court ordered the company to pay Ksh. 14,495,270 to Mr Patrick Muchuku

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Senior members of staff at the Kenya Electricity Transmission Company (Ketraco) have been warned to ensure that officers working under them do not put the name of the agency in disrepute. Acting CEO Isaac Kiva who was seconded from the mother Ministry as acting Managing Director and CEO for the next six months is said to have asked the senior managers to provide him with reports from pending compensation of wayleaves.

Some of the officers are allegedly involved in schemes to deny citizens the right to compensation. One such officer whose name keeps on popping up in that regard is Johnson Muthoka the Senior Manager of Wayleave compensation. A source at (Ketraco) who spoke to The Weekly Vision on condition of anonymity for fear of victimization said that all the pending claims now running into billions of shillings came about as a result of corrupt practices by senior managers. Some of the dirty dealings by the managers at Ketraco led the Environment And Land Court at Nakuru to make a ruling against the Kenya Electricity Transmission Company (Ketraco), the court ordered the company to pay Ksh. 14,495,270 to Mr Patrick Muchuku.

In a ruling delivered on the 30th day of March 2023 by Judge Mwangi Njoroge of the Environment And Land Court seating in Nakuru, the payment is for wayleave compensation to the petitioner for wayleave through his properties known as Titles No. Naivasha/Maraigushu Block 32/80, 81, 82, 83 and LR No. 425/65 are situated in the Naivasha sub-county in Nakuru county.

According to available information, around August and December 2020, Ketraco sought a wayleave corridor through Mr Muchuku’s properties for the construction of its 400/220/132kv Olkaria-Lessos-Kisumu transmission line to strengthen its geothermal plants in Olkaria and a link between the eastern and western parts of its national grid. Through a letter dated 18th December 2020, Ketraco offered a wayleave trace of 60 meters wide corridor transmission line and offered compensation of Ksh. 14,495,270.96 which he accepted and signed the offer letter. Further, on 24th December 2020, Ketraco took possession of the suit properties, commenced the work and completed the same in January/February 2021.

Unfortunately for the owner of the properties, Ketraco has neglected to pay the compensation. Of great concern is Ketraco’s claim through Johnson Muthoka, it’s senior manager wayleave acquisition that there is no written and signed agreement between him and Ketraco. But the owner in a quick rejoinder produced copies of his certificates of the lease for the suit properties and copies of letters of offer.  Upon presentation of the documents, Mr Muthoka later admitted that Ketraco sort consent to put up infrastructure from the owner but they are yet to complete the formalities involved in the land compensation procedures to enable them to pay the money. In his ruling, the Judge noted “It is my view that since the respondent has admitted that they have constructed the transmission line on the suit properties and that it is yet to compensate the petitioner, it is in the interest of justice that the respondent be ordered to deposit in court the said sum sought by the petitioner in his application dated 17/05/2022”.

The ruling reads in part “Consequently, pending the hearing and determination of the instant petition, the respondent is hereby ordered to deposit in court the sum of Ksh. 14,495,270.96.

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