Bungoma based activist Barasa Nyukuri has petitioned the Ethics and Anti- Corruption Commission (EACC) to move with the speed and probe the ongoing construction of the smart city project on the Bungoma airstrip land popularly known as Uwanja ndege.
Speaking to the press at EACC offices on Wednesday after submitting his petition to Western region EACC offices in Bungoma, Barasa stated that the process of degazettement of the Land Parcel No. Bungoma Township/345 measuring approximately 36.95 acres by the Kenya Civil Aviation Authority (KCAA) was done secretively and irregularly without any meaningful public participation.
“The established legal process and procedure to reverse the allocation of the said land parcel from being an Airstrip for another use or development was not adhered to,” Barasa stated.
The activist observed that the move was contrary to provisions of Articles 1, 2, 3, 10(1), 47, 48, 50 and 69(1) of the Constitution of Kenya, 2010 noting that the entire process of change of use of the aforementioned Land parcel was done secretively and irregularly.
He argued that the entity (Shan General Merchants Company) that fenced the disputed and impugned land parcel was not properly incorporated to undertake a project of such large magnitude on a public piece of land.
“The said entity was registered in just a business name as Shan general merchants registration number BN-B8S02Z83 and Date of registration 2024-12-05,” he noted.
Further, Barasa noted that the ongoing construction of the smart city, affordable housing and associated social amenities is being undertaken without any meaningful public participation, which is contrary to provisions of Articles 1, 10, and 69(1) d of the Constitution of Kenya, 2010.
He argues that the ongoing project is being implemented without a participatory, published, publicized and disseminated Environmental and Social Impact Assessment (ESIA) Report approved by the National Environmental Management Authority (NEMA).
“If there is any ESIA Report, then it was undertaken in a secretive manner and there was no any meaningful public participation conducted by the relevant duty bearers,” he said.
However, Barasa alleged that the proprietor of Shan General Merchants Company (Business Name), her Officers, Contractors, Interested Parties and Agents have disobeyed and failed to observe the lawful court orders issued by Justice Enock C. Cherono in the Case Number ELCLPET/E001/2026 (between Zacharia Baraza Vs the Ministry of lands public works and urban development- state department of housing and urban development, National land commission and 3 others.
He suggests that the aforementioned Land Parcel should be reserved for the extension of Level 5 Bungoma Teaching Referral Hospital (BTRH), Children Park, Public Library and other Recreational facilities.
Barasa called on the EACC in collaboration with the NPS and DCI to immediately intervene and enforce the lawful court orders pending the hearing and determination of the application/petition before the Environment and Land Court at Bungoma.
“The Inspector General of the National Police Service should direct the Officer Commanding Bungoma South Police Station (OCS) to immediately deploy NPS Officers at the impugned site on Land Parcel,” he noted.
