Land Issues

There will be three categories of payment; for owners of structures, for owners of crops and trees damaged and for owners of land where right of way will be required.

Electronic Funds Transfer through banks only.

Yes. Compensation is based on present/ current market value of the affected assets. We will try to avoid delays in compensation.

KETRACO would want to urge all those who have started the process of transfers to ensure they conclude the process as fast as possible. For those who have not started the process, easement will be signed by the Title holder who in addition will sign an authority to pay for in favour of the new owner.

The group ranch will be paid.

The appointed legal representative shall grant easement to KETRACO and receive compensation on behalf of the beneficiaries of the estate. Where the registered land owner is deceased this will require completion of the succession process.

KETRACO endeavours to ensure full compensation before construction phase. However, given that the line route can easily change during construction, it is always advisable to ensure the contractor gains advance access to the affected lands and firms up the line. The contractor’s activities may also result in additional compensation of crops therefore full payment can only be assessed after works on parcel are completed. Generally, compensation is a continuous process taking almost the entire construction period.

Compensation is paid after acceptance of offer for limited loss of use of land and registration of easement on the subject title.

The appointed legal representative shall receive compensation on behalf of the beneficiaries of the estate. This is  usually the next of kin.

No. The way leave for the existing transmission line had already been paid for. One is advised to undertake due diligence before acquisition of land

Any difference in compensation amount will mainly be due to the difference in the affected areas, land valuation and the per centum impact of the corridor on the affected parcel of land.

Valuation is a profession, and KETRACO has qualified valuers who will use their valuation skills to determine what to pay. Normally valuations used are from independent valuers

No, there is no provision for advance payment. Sometimes the route selected may be shifted thus advance payment may result in losses to the organization

A survey of the total area affected by the wayleave is determined and marked before construction starts. The following data is used to determine the amount to be compensated for the individual parcels i.e. Cadastral data: 

a)      Total Land Area

b)      Area affected by the Transmission line

c) Valuation per acre/plot

d)      Impact (%) of area affected over the total area)

The basic compensation is at 30% of the market value of the affected area. This can go up depending on the impact of the corridor on the affected land.

You have the option of seeking the services of a registered valuer to revalue your land which will be interrogated by our valuers so as to amicably resolve the dispute.

KETRACO uses the prevailing rates of land values customized to the area; however, each case will be looked at on its own merit. Compensation for land is separate from that of structures and crops/trees.

KETRACO does not buy land from the Project Affected People (PAP). The total area covered by the wayleave corridor is calculated and compensated at the rate of 30% of the current market value. We do not pay 100% because we are not buying the land from the owner but simply asking for a right-of-way (ROW). Nonetheless, KETRACO does purchase land parcels for substation purposes.

As per the Land Act 2012, KETRACO is only allowed to pay for the wayleave corridor, therefore no special consideration is given to land with towers.

The mandate of KETRACO is to plan, design, construct and maintain high voltage transmission lines and associated sub-stations. Therefore, KETRACO cannot buy land for the project affected persons but will compensate for limited loss of use of land. Where a parcel of land is adversely affected KETRACO will fully compensate the owner to purchase alternative site.

Since the community does not hold any ownership documents regarding the affected land, KETRACO may decide to engage the community in identifying a common need to be carried out as a development project in lieu of compensation, or alternatively engage the county government who hold trust for the communal land. This applies to all non-registered community land in accordance with the community land Act 2016.

Any assets including Structures (Semi-permanent structures, permanent houses, Cattle shed, bomas), Land and Crops that are within the wayleave corridor will be compensated at the current market values. The basis of valuation for structures is the current gross replacement cost. A social disturbance allowance of 15% is paid over and above the market price for the structures. The rates for crops are adopted from the Ministry of Agriculture and that for trees from the Kenya Forest Service (KFS).

70% of the total amount of value of affected structures will be paid before a Project Affected Person moves, and another 30% upon confirmation of relocation away from the way leave corridor. 15% will be added to the total amount payable for structures destroyed also considered as social disturbance cost.

This is to cushion the company against structure owners who fail to demolish after being paid.

KETRACO pays 70% in the first instalment of the compensation for affected structures so as to ensure the affected owners relocate from the wayleave corridor completely and upon verification of demolition by KETRACO staff the final balance amounting to 30% is paid.

KETRACO will endeavour to avoid traversing shrines, graves and other culturally sensitive sites and avoid exhuming graves as much as possible. Because the distance between pylons can be redesigned at the construction phase, KETRACO will not pay for graves. In cases where the line just passes airborne and there is no erection of pylons, we will not interfere with the graves at all.

Each plant will be compensated depending on the current value of the plant: young plants cannot be paid as mature plants.

Yes, that is why you should not uproot the tree stamps left in your farms; those will act as evidence during the valuation exercise.

During construction all damaged trees/crops will be compensated for only once. However, during maintenance, any damaged crops will be paid for once the damage occurs but for trees once compensated during construction there will be no further trees compensation during periodic maintenance clearance of the corridor.

Each plant will be compensated based on the current value of the plant: young plants cannot be paid as mature plants. The rates adopted for crops are acquired from Ministry of Agriculture through the County Agricultural Offices and for trees from the Kenya Forest Service. The rates are revised from time to time.

To avoid wastages of food stuff, in the case of any mature annual crop which can be harvested before works commence, the project affected person is allowed time to harvest. The rates for the different crops /trees are adopted from Ministry of Agriculture and Kenya Forestry Services respectively

All structure compensation will include a 15% social disturbance allowance, which should cushion the owner from adverse economic loss. Furthermore, compensation normally is the value of the property at the present/current market rate.