How compensation tussles have delayed Malindi airport expansion

On the surface, the Malindi International Airport expansion plan looked straightforward. But it has not taken off an inch due to protests by restless demands for compensation from the local community.

Since 2016, the locals have launched a barrage of cases in court and engaged in street protests that have stalled the project that could have propelled the airport to international status.

The over 189 residents at the site, Kwa Chocha area, received Sh400 million compensation for structures in 2017, but they are now agitating for the payout for the land.

However, claims that land speculators had allegedly infiltrated the process and emerged with title deeds hoping to cash in have delayed the compensation.

In the latest court ruling, a Malindi court directed the National Land Commission (NLC) to hasten the process, but the agency says it has to verify the title deeds and land ownership first.

Safari Kitsao, the chairman of Kwa Chocha Residents Association, admitted that individuals who had sold land and vacated the area were trooping back to claim the parcels they sold, hoping for more money.

“We also have some unknown individuals who have emerged with title deeds in company names, yet they could not physically identify the parcels they claim,’ he said.

Kitsao said the area is 74 acres in size, and a private valuer they contracted put its value at Sh1.9 billion, with each acre fetching Sh25 million.

“Our private valuer, Milestone Land Access Limited, released the valuation report on February 20, 2024, which has been rejected by the National Land Commission (NLC),” said Kitsao.

Patience Nyale, another resident, says it has been nine years since NLC promised to compensate them.

“We moved to court in 2022 after reports emerged that the government planned to lease airport premises in the country to the Adani Group of companies,” said Ms Nyale.

The Environment and Land Court in Malindi would rule in their favour, ordering the Kenya Airports Authority (KAA) to compensate landowners before Adani could take over.

The agony facing the families is dire since compensation for structures was not enough for them to purchase alternative land elsewhere and rebuild their lives.

Nyale said that after KAA paid them for the structures, it fenced off the land, forcing them to go to a lawyer who moved to court and obtained an order asking NLC to relook into the matter.

“But (NLC) kept on postponing the exercise until last week when they came around,” she said. 

Nyale says some beneficiaries of the second phase of compensation have long died, and their children and relatives are the ones following up the matter.

Asma Mohamed, who settled in the area in 2003, says she lost her husband three years ago after battling sickness for a long time due to frustrations of delayed compensation.

“In 2017, we were evicted with the promise to receive the compensation within days, but the little money I got was consumed in hospital and, three years ago, I lost my husband,” she said.

Gordon Orimba, also a resident, said land grabbers were using delay tactics to hoodwink the NLC into considering them for compensation instead of the 189 genuinely affected residents.

“These people produced titles under names of companies, and it is us who moved to court and not the companies,” Orimba said.

Lawyer Vincent Mogaka, who successfully sued KAA and NLC, forcing the latter to institute a ground inquiry, said the delay also emanated from land-grabbing issues.