Public land allocation

The President is reported to have recently accented to the allocation of some land at Roysambu in favour of a Nairobi Church. The subject land is said to be reserved for military use. Away from this specific land, whose contentious history remains in the public domain, does the President hold sway over the allocation of public land to individuals or other private entities?

President's powers under pre-2010 regime

Leaseholds

Can one lose their leasehold land even when they live on it? Then what happens to the buildings and other fixtures that they’ve erected thereon? I thought the answers to these basic questions are obvious. But not quite. I have found myself constrained to address these questions in radio engagements and routine social banter. While those who hold their land under freehold terms do so in perpetuity, those who hold leasehold land do so for a period. This period is usually stipulated in the lease agreement binding the landlord/lessor and the tenant/lessee. This agreement elaborates pertinent conditions, including what should happen to buildings that one may have constructed. Leases are renewable.

Discordant legislation on riparian reserves

Quite often, public writing triggers invaluable information or feedback on matters of public interest. On 5^th December last year, this column discussed the matter of riparian reserves, highlighting the discordance in the current legal framework. A paper I contributed to the latest edition of the Surveyors’ Journal, a technical publication of the Institution of Surveyors of Kenya that focuses on key land sector and real estate issues, digs deep into the matter, complete with considered recommendations.

Land rent and rates

Suits have been filed contesting the slapping of land rates to freehold tenure properties. Due to widespread misunderstanding between land rent and land rates, some of these will be needlessly lost. Land rents are tenure specific, and are payable to landlords for land they may have leased. Therefore, where one has leased land from either the county or national governments, they are eligible to pay annual rents to these governments.

On the other hand, land rates are jurisdiction specific, and are payable for leasehold and freehold tenure land within a defined and rateable jurisdiction. They are charged to support service provision therein. It’s however important to take note that the new National Rating Act, which received presidential assent in December last year, has introduced a fundamental exemption. The Act, which has been undergoing formulation for quite a while, provides a standardized framework upon which county governments may assess and impose rates on land and buildings in Kenya.

Nairobi-Green spaces

A happy and prosperous 2025 to BD readers. Let’s rev it by looking at the invaluable green spaces around Nairobi. I’ve been wondering if they’re safe enough. There are ominous signs. The key spaces include Ngong Forest, Karura Forest, Nairobi National Park, Uhuru and Central Parks. Each has had some story. Construction of the Special Gauge Railway through the Nairobi National Park threatened to take up some of its land. But thanks to innovative designs, the track was raised and loss of land averted. Recently, Nairobi County issued notice of intent to lease Uhuru and Central Parks through a Public Private Partnership (PPP) arrangement. One hopes that this won’t adversely expose these spaces to mercantile land speculators.