The land register

Jurisdictions keen on managing land efficiently maintain a land register. This is a record of people who own land, and their respective land parcels. The details include the type of interest held, and the term of years, if leasehold. Liabilities such as a mortgages or charges to any institution, any other beneficial interests, or even burdens carried by a title, are noted on the register. For optimal use and best effects, the information on a register should be current.

In most countries, land registers are held and maintained in land registries held at the national and/or local level. The information held in land registers is of great use to land professionals such as surveyors, planners, valuers, conveyancing lawyers and real estate practitioners. It supports utility companies responsible for water, oil, power, road, rail, internet and aviation infrastructure. It’s also of interest to courts, banks and tax management agencies. Citizens resort to the register when transacting on land or property. All these users can only get to know the lawful owner, the interests enjoyed and the liabilities against any land parcel by looking at or getting a copy of the information on the register. In Kenya, this procedure is referred to as obtaining an official search, or getting a land title search. It is done in the registry within which a land parcel is registered.

High demand for public land

With our increasing population and expanding public needs, public land remains in great demand. Therefore, the push to recover land that had been arrogated to individuals and other juridical entities must be intensified. This is a tough and long-term undertaking. And the pace changes with circumstances, competence and the determination of the state drivers involved. When all chips are up and there’s synergy between them, a lot can be achieved. The public agencies that suffered land grabs, the national land commission, the investigation and prosecution organs along with the courts must however beware that Kenyans continue to look up top them for results. And given its constitutional mandate, the land commission should provide proactive leadership in recovery and protective interventions.

Grabbing of ADC ranches averted

Mau an important water tower

They say that the obvious may not always be so to everyone. This is so true of Mau Forest and its associated issues. The Mau has previously frustrated the political careers of top politicians in Kenya. And unless they pay heed, it will continue to do so. Why I am I so certain? The Mau is a natural ecosystem, complete with a vast tree cover, and an elevation that allows it to serve as a perfect water tower. It feeds great rivers like the Sondu, Njoro and Mara. The Sondu waters serve a wide basin before getting to Lake Victoria while Njoro feeds Lake Nakuru. The Mara river meanders through the Mara National Reserve then drifts into Serengeti National Park in Northern Tanzania. The Mara and Serengeti are renown touristic addresses in Eastern Africa and worldwide.

International attention

Exercise self-restraint and accountability

In August, we shall vote in new leaders into most of the political offices. Many people are therefore anxious, wondering how the general elections will go, and what the looming transition portends. But we have power in our hands and heads. Kenya and its citizens have weathered many tough seasons since independence. I predict that this year will be a lot easier to navigate than many imagine. With the lessons learnt and the many red flags raised hitherto, we should be best prepared for any eventualities. Let heads of families and groups provide level-headed leadership and advocate self-restraint and hope to those they lead. Let everyone focus and deliver on their tasks. Our intelligence and security organs should maintain vigilance and expeditiously deal with any breaches. With such accountability, the elections will come and go, and Kenya will move on.

Applications for Director of Surveys

Policy and legal reform

Kenya’s journey to land reforms has been long and exhausting. Nevertheless, the progress has been encouraging. This has included the enactment of a national land policy, anchoring its key principles in the constitution and the enactment of several new land laws. Some key land management roles, including the approval of development applications, are now devolved to the Counties. A national land commission, never mind its chequered history, is now in place. This makes the protection and management of public land a lot more reassuring and systematic. The Commission’s attempt to repossess grabbed public land never quite went well, and the timeline to deal expired. Parliament refused to extend it. The timeline to receive historical land injustices expired in September this year. Kenyans are eagerly waiting to see how the Commission resolves the claims received. A closure to unresolved historical grievances is necessary. They are bad for our economy and political stability.

Access to justice: Environment and Land Courts