24April2024

LAND REFORMS IN KENYA AND AROUND AFRICA

This blog focuses on issues of land reforms in Kenya and around Africa and related matters

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Mwathane

Mr Ibrahim Mwathane is a consultant in Surveying and Land Information Management and holds a Bachelor of Science degree in Surveying and Photogrammetry from the University of Nairobi and a Masters degree in Cadastre and Land Information Management from the Polytechnic of East London.
 
Mr Mwathane has had extensive experience in the public sector where he served for 13 years as a field surveyor, quality control officer and a district and provincial office manager. While in the private sector, Mr Mwathane has been involved in consultancy work in surveying and land reform. He has provided advocacy and technical support to Kenya’s land policy formulation process and the continental land policy process.
 
Mr Mwathane has also served as the Chairman of the Institution of Surveyors of Kenya (ISK). During his tenure, he introduced ISK to national advocacy on matters relating to land reforms and contemporary land issues in the country.
He is the immediate past chair of the KEPSA Land Sector Board, a Director with the Land Development and Governance Institute(see www.ldgi.co.ke/www.ldgi.org) and the Principal Consultant of Landscape Land Surveyors & Consultants, Nairobi, Kenya.
 
Mr Mwathane has been twice decorated with Head of State Commendation awards, first in the year 2005 for introducing reforms that greatly influenced the development of the surveying profession in Kenya then in the year 2009 for his efforts to improve service delivery in the land sector in Kenya and in helping in the formulation of the national land policy.

Kirima family land

It’s been a big relief to read in some local media outlets that the Kirima family has undertaken not to subject those settled on its Nairobi land to evictions. It’s been reported that the family is willing to dispose the land to the current occupants on a “willing buyer willing seller” basis. This, they observe, will avert evictions associated with cruel demolitions and destruction of property. This is a perfect win-win situation to family and occupants. The Kirima land is vast, stranding parts of Njiru in Nairobi’s Eastlands.

Unplanned, unapproved settlements and structures

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Annual land levy on freehold land

Through the Land Laws (Amendment) (No 2) Bill of 2023, the Government intends to have owners of freehold land within urban or city areas pay an annual land levy on freehold property. Sitting right inside the plethora of amendments proposed through the Bill, this seemingly mundane clause is easy to miss, but yet has grave implications to the affected property owners. Section 51 of this Bill seeks to amend Section 54 of the Land Act by inserting a new section 54A with this new requirement. Members of Parliament must beware the implications of this provision to themselves, and Kenyans with freehold properties within urban or city boundaries. They must reject the proposal. This is why.

Ancestral land and basic livelihoods

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Vast and busy docket

When she reported to the Lands Ministry at Ardhi House in October last year, Cabinet Secretary Alice Wahome walked. Done occasionally, this style would acquaint her with what happens at the precincts of this humbling building. It disrupts the not-so-well-intentioned actors. Indeed, her occasional easy visits to sections in the Ministry would be a boon. It’d demystify many things. The default practice is to be chauffeured to the basement, ushered into the lift and quickly delivered to the seat of power on 12th floor, which can alienate her.

CS Wahome holds a big and busy Ministry. She has to steer firmly. She’s responsible for the vexing housing programme, which will occupy lots of her time. However, she mustn’t allow pressure from housing to deny her time for the land agenda, which is huge, and impacts everyone. Tenure security provides the foundation to major national projects, including housing.

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Posted by on in Land Governance

Revocation of Galana-Kulalu Settlement Scheme

Year 2023 opened with mixed expectations following the swearing into office of Lands Cabinet Secretary (CS) Mr Zachariah Mwangi Njeru in late 2022. As we ushered in January, President William Ruto revoked the subdivision of Galana-Kulalu land into settlement plots. This was followed by news on the suspension of the subdivision of some 2800 acre community land parcel in Kibiku, Kajiado West Sub-County, following grabbing allegations. Not much has been heard about these since. The new CS held consultative meetings with stakeholders following threats of public demonstrations by the Law Society of Kenya over delays, inefficiencies and collapse of services in land registries. The CS subsequently put in place measures, such as the manual registration of transactions to properties not yet converted to the Land Registration Act, to ensure that land transactions continued even as digitization proceeded.

Farm invasions

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Proposal to hike fees

The recent gazette notice by the Lands Cabinet Secretary Alice Wahome proposing to increase fees for various services offered by the Ministry has provoked public discussion. There are times such an increment could be a boon to the provision of land services. Nevertheless, there are times this can be a bane to the target consumers. It all depends on the underlying justification, the prevailing circumstances, and the magnitude of the increment. The timing, the involvement and communication of the information to industry matter too.

Fee hikes need justification and buy-in

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