27April2024

Categories Land Governance

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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Irregular entries

I recently wrote about emerging forms of private land grabs. I’ve since received humbling feedback. In one case, a proprietor’s green card, which bears ownership details, was irregularly removed. It was replaced by another bearing the details of a totally different person. In another, a family processing succession found some of the land parcels which were part of their deceased father’s estate irregularly transferred to other persons. Surprisingly, the involved land registries are in rural counties. Most land fraud has hitherto happened within the highly urbanized counties, with Nairobi at the lead.

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Some fellow licensed surveyors have narrated harrowing stories of land grabs targeting their clients. I have had the experience too. Some local newspapers have reported similar accounts. Last year, Africa Uncensored, one of the independent media houses, ran a series of episodes entitled “Title Deals” between September and November, highlighting the wretched plight of some victims. The confidence and daring of the perpetrators shocks. Were it not for the familiar localities such as Karen, Westlands, South B and Thome, the serialized incidents would fit into fictional realm. Government ought to be rattled, and move to stem the trend. Else, impunity will reign, and private land tenure security in Kenya will be greatly undermined. Moreover, government officers themselves may sooner become victims.

Land grabs

The conventional form of land grab in Kenya, and most of Africa, has been standard and predictable. Folks, often with privileged knowledge on land ownership patterns in a jurisdiction, would identify available public or community land then proceed to use executive, political or even business influence to acquire it. This would be done regardless of the designated public purpose, and in contravention of due procedures. It would happen regardless of protests from the target institutions and communities. Enough incidents of this nature have been documented in the “Ndung’u Report” of 2004, among others. Perhaps the establishment and coming into office of the national land commission interrupted this gravy train, making scouting for public and community land for private take riskier. This may have motivated the emerging alternative forms of land grabs.

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Golf clubs on prime land

Most golf courses are vast and exclusive, and located in pristine, high value and highly coveted zones. However, those insensitive to posterity remain keen to convert them to real estate. Kiambu Golf Club is now on the lenses. Debate has been rife in some local radio stations that the Club, which occupies prime land in Kiambu town, must cede part of its land as a condition for the extension of its lease. The land excised, it’s argued, will be used for other urban needs. Proponents to this demand observe that the facility currently serves only the needs of a few, while the majority of Kiambu residents remain crammed up for lack of land for expansion. This must be a tough moment for the Club management.

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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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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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