A recent story on the Daily Nation broke the news that property owners in Nairobi, Mombasa, Nakuru, Kisumu, Eldoret and Kiambu may have to dig deeper to pay for their land rates and rents following plans to review rates within these jurisdictions. The National Treasury was reported to have allocated extra funds to the Ministry of Lands for the purpose.

Nomenclature

The nomenclature of land rates and rents may look obvious to those within the realm of land administration and management. However, the two terms do cause confusion to proprietors, and, perhaps, affects anticipated compliance. Indeed, we have received quite a number of enquiries from proprietors who felt that they aren’t obliged to pay land rates since they hold properties under freehold tenure. Their understanding has been that land rates are only payable by those holding properties under leasehold tenure. This discussion helps to debunk this view.

Land Information Management Systems

Let me conclude the message I kicked off in my last piece on the Kenya Urban Forum 2023 held in Naivasha mid-last month. The major cities in this country have accumulated huge amounts of land records with time. Such large numbers of manual land records overwhelm. These cities, along with big municipalities, are encouraged to consider harnessing modern technology. They need to consider developing computer driven land information management systems. In developing such systems, they’ll need to liaise closely with the national survey and mapping agency, Survey of Kenya. This will help to ensure that their systems are based on a uniform survey reference framework, and run on protocols and data formats amenable to data exchange with the national land information management system, known as ardhisasa, which is under development.

Acquisition of land for public purposes

I spent part of last week attending the inaugural Kenya Urban Forum at Lake Naivasha Resort. My presentation spoke to the land question. Prior to this, President William Ruto ushered in elements of Kenya’s land question during a “Q & A” session with Linus Kaikai of the Royal Media Services soon after officially opening the forum. The President reiterated intent to move the valuation role from the National Land Commission to the Ministry responsible for Lands. However, unlike when he spoke to the issue from Isiolo, he indicated that the pertinent law will need to first be changed. This is indeed so. But in trying to change the law, the President should expect quite some beating. Land sector stakeholders in Kenya can be quite resilient on such fundamental issues.

Land fragmentation and affordable housing

The question was also put on his views to the continued fragmentation of agricultural land. He used the opportunity to emphasize the importance of providing affordable housing, in the process vindicating the current government initiative. The President pointed out that demand has driven the subdivision of peri-urban land into small residential plots since urban residents cannot afford the available houses and mortgages in inner cities. Therefore, in their quest for housing, urban residents have opted to go for the affordable plots of land available in peri-urban areas on which they construct owner occupied houses. The current affordable housing project is expected to contribute to reversing this trend by providing comparatively cheaper housing to urban residents.

Recent land invasions

Legitimate landowners should be able to enjoy the use of their land without fear of encroachment, invasion or eviction. This order can only be subverted where government is absent, or dysfunctional. Kenya must therefore protect the right to property at all times if it has to maintain its place among the civilized nations of this century. Stealing or destroying property, unauthorized entry into private land and the use of force to evict people from their land is callous and criminal.

The above was part of a contribution I made for this column on 17^th July, 2021 while urging government to step in and stop land invasions by cattle herders in Laikipia County. It remains relevant. It is even more so as we contemplate the repercussions that would visit us if the recent invasions of the Kenyatta family Northlands farm near Nairobi and the Vipingo sisal farm in Kilifi escalate. There would be a complete flare up of land conflicts and many Kenyans, within and outside government, would be caught up. This scenario would be worst in coast Kenya, the Rift Valley and in Central Kenya. These are the hotspots to historical land injustice claims in Kenya. The economy would collapse. It would take long for Kenya to recover as a nation since land-based grievances would enmesh it. This scenario must be avoided by whatever means. On this matter, there must be no lapse in judgement and vigilance by government; now and in future!

Lands offices strategic

Speaking while on a visit to the Kwale County Land Registry, Nixon Korir, Principal Secretary for the State Department of Lands and Physical Planning, recently informed that he had written to the Internal Security Ministry to have Land Registries categorized as critical national infrastructure, and protected accordingly. Coming after an incident in which the Nyando Land Registry in Kisumu County burnt up, this is good prioritizing by government. Indeed, this should always have been the case. The measure should be extended to Survey of Kenya offices too, the repository of our cadastral maps.

The strategic importance of the Lands Ministry to national development need not be overemphasized. The ministry is responsible for our national cadastre, established from cadastral maps and the corresponding ownership details of all land parcels in Kenya. These records have been painstakingly constructed since the late 19^th century, about 140 years ago. The loss of such critical records could lead to confusion and needless ownership disputes, a nightmare scenario for landowners and government. Therefore, the security of all offices holding such records must be prioritised at all times. Records officers in the various Lands offices, who are well trained on methods to safeguard the records, should also remain vigilant.