By Madisi Mmoja
In a damning ruling that exposes the deep flaws in Kenya’s land acquisition and infrastructure processes, the National Land Acquisition Tribunal has ordered the National Land Commission (NLC) and the National Water Harvesting and Storage Authority (NWHSA) to compensate families whose land was taken without compensation for the stalled Soin-Koru Multipurpose Dam project.
Delivered on 10 April 2025, the ruling comes more than three years after the affected families were awarded compensation that remains unpaid, despite the land being seized and construction starting. The dam, spanning Kericho and Kisumu counties, was meant to be a game-changer for water storage and flood control in the region. But for dozens of families, it has become a symbol of loss, hardship, and betrayal.
The tribunal’s findings are both alarming and damning. The NLC admitted to completing the compulsory land acquisition process in 2022, issuing compensation awards totalling Kshs 2.2 billion. Yet, the NWHSA, responsible for the dam’s implementation, only paid out a mere Kshs 501 million, which went to settle claims from other parties. The affected families received nothing.
Despite this, the government pressed ahead. Bulldozers cleared the land, fences were torn down, and project signage went up. The NWHSA took control of unpaid land. Worse still, restrictions were imposed, preventing the families from leasing, developing, or farming the land, even as strangers began work on what had once been their livelihood.
Without their land, families have been plunged into poverty. Unable to farm or earn rental income, many have faced food insecurity. Tensions have risen in neighbouring communities, with some viewing the land as public property and grazing their livestock there. The situation has been further complicated by the deaths of some original landowners, leaving their families in legal limbo, unable to claim the compensation they were promised.
The Tribunal, citing Article 40(3)(b) of the Constitution, which guarantees prompt and full compensation for land acquired for public use, ruled firmly in favour of the families. The Tribunal ordered interest payments on the compensation, dating back to 31 January 2022, the date the awards were issued. It also warned that failure to comply would result in an injunction barring the government from using or accessing the land. This ruling condemns the misconduct of both agencies, whose actions violated constitutional rights.
This case reveals a disturbing pattern of state impunity: government agencies seizing land at will, offering empty promises instead of payment, and using bureaucracy to delay justice. The NWHSA blames lack of funding, while the NLC argues it cannot pay without funding, but the Tribunal dismissed these excuses. The law is clear: you cannot take land without paying for it.
This case should serve as a wake-up call. Infrastructure development cannot come at the expense of citizens’ rights, even if the project is for the public good. The Soin-Koru Dam, meant to be a blessing for the region, has instead become a curse for those who lost their land for it.
The government now has 90 days to pay the compensation. If it fails, it will be legally evicted from the seized land. This ruling isn’t just about compensation, it’s about upholding the integrity of public institutions and the principles of fairness in national development. Kenya cannot build its future on the foundations of injustice.
