Residents of Kwa Chocha in Malindi have asked the Compulsory Land Acquisition Tribunal to compel the Kenya Airports Authority (KAA) to pay them Ksh2.5 billion in compensation for land acquired during the Malindi International Airport expansion—or risk having them reclaim the land.
The 230 residents, representing more than 300 families, say they were initially compensated Ksh423 million for structures but are yet to receive the full settlement for their land—more than 15 years after eviction. Many argue that the prolonged delay has devastated their livelihoods, with some affected residents dying or suffering health complications while waiting for the promised funds.
Legal Proceedings and Claims
During a virtual mention before Tribunal Chairperson Nabil Orina, the residents’ lawyer, Vincent Mogaka, argued that the Ksh2.5 billion claim is “loose change” for KAA, which is among Kenya’s largest foreign exchange earners. He stressed that the residents were already verified by the National Land Commission (NLC) in 2017 and accused the authority of unnecessary delays.
The tribunal has directed both parties to file submissions, with the matter set for mention on October 15 to fix a date for ruling.
In their application, the residents are asking the tribunal to:
- Order KAA to release the pending compensation immediately.
- Declare the Phase 1 compulsory acquisition irregular and void if delays persist.
- Recognize them as “occupiers in good faith” under Article 40(4) of the Constitution, which guarantees compensation for displaced persons without formal land titles.
- Consider possible criminal investigations into what they describe as a “fraudulent scheme” marred by elite collusion, lack of transparency, and unexplained delays.
Mounting Frustration Among Residents
Community leaders and residents voiced frustration with the drawn-out process. Charles Safari, Chair of the Malindi Airport Expansion Phase 1 group, warned that members were running out of patience and could be forced to reclaim their land.
Others shared personal struggles:
- Asma Mohamed said families have been left homeless, surviving in rented houses since eviction.
- Patience Nyale described rising cases of stress-related illnesses, with residents unable to rebuild their lives due to the stalled compensation.
Wider Implications
The dispute highlights persistent challenges in Kenya’s land acquisition and compensation framework, where delays, lack of transparency, and alleged collusion often undermine infrastructure development projects.
With the tribunal’s next hearing scheduled for October, the case is shaping up to be a key test of accountability and property rights in large-scale public projects.
