Work to Begin on Sh98bn Kotulo-Modogashe Road

Construction of a major Sh98 billion road project across northern Kenya is set to start, following a court ruling that cleared the way for compensation of affected communities. 

The Environment and Land Court in Garissa lifted a conservatory order that had blocked the Kenya National Highways Authority (KeNHA) and the National Treasury from disbursing funds to persons impacted by the project.

The trunk road will connect Isiolo to Mandera through Modogashe, Wajir, Kotulo, Elwak, and Rhamu, opening up vast areas in Isiolo, Meru, Garissa, Wajir, and Mandera counties.

Justice John Mutungi, in his ruling dated 20 June, dismissed an application by two petitioners—Osman Abdille and Fardowsa Abdullahi—who sought to stop compensation payments, arguing that KeNHA lacked legal authority to carry out disbursements.

In rejecting the application, Justice Mutungi emphasised the importance of the project:

“The money for payment has been availed and I would find no justification to sustain a conservatory order whose effect would be to stall all works on the project on the affected section, which would be prejudicial to the wider public interest.”

He noted that valuations had already been done for the project-affected persons (PAPs), and that no evidence had been submitted showing objections to the process or claims that the petitioners were directly affected.

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The petitioners had argued that only the National Land Commission (NLC) was constitutionally mandated to acquire land and distribute compensation. However, the court found this argument unconvincing.

“The amount payable to each of the project-affected persons having been ascertained, does it make any difference by whom the disbursement was made provided the recipients get their money? I do not think so,” Justice Mutungi observed.

He affirmed that KeNHA, as the implementing agency, was authorised to make payments and maintain transparent records.

KeNHA explained that the road follows an existing transport corridor, meaning no compulsory land acquisition had occurred. Compensation, where applicable, related only to the loss of livelihood or replacement of assets.

The project is jointly funded by the government and international partners, including the World Bank and the African Development Bank. Of the total 780 kilometres, 368 are being financed through a World Bank loan.

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