Speaking during a tour of Mombasa on Wednesday, April 6, the CS noted that the state had resolved to prioritise out-of-court arbitration – particularly in cases that may delay state infrastructural projects.
He argued that the court processes often take years in the corridors of justice – adversely affecting the delivery of the projects in a timely manner
Matiangâ€™i, who was in the company of his Transport counterpart James Macharia, further stated that negotiating with contractors and those displaced by way-leaves for priority projects will save on money and time spent on court processes.
â€œWe want to encourage others who are in similar situations involving big projects that this is the way to go because we end up losing so much money and ultimately when in these projects stall due to court process, we have to pay up a lot of money in compensation for lost time,â€ he revealed.
The two were speaking in Mombasa after initiating talks between the government and the Project Affected Persons (PAPs) in the dualling of Mombasa-Mariakani highway that has been dogged by court cases over land compensation.
The project, which is valued at Ksh8.5 billion, has attracted eight different court cases that have stalled the contractor’s work.
The cases centered around PAPs who were unhappy with compensation of land compulsorily acquired for the road. Some of the cases are still ongoing.
The road, which measures 12 Kilometers, had been scheduled for completion in October 2021 but stands at 97 per cent completion rate.
The stalemate has forced a freeze on the implementation of the second phase of the project: the dualling of the Ksh15.3B Kwa Jomvu-Mariakani section that was to be funded by the European Union.
Other multi-billion projects launched by President Uhuru Kenyatta that have suffered intermittent court battles include the Ksh6 billion Huduma Namba project and the National Integrated Identity Management System (NIIMS) among others.
The projects that had attracted lawsuits as of 2019 were estimated to be valued at Ksh300 billion.