Recovery of KAA land

Last week ushered some good, but also some discomfiting news for the land sector. The good news. Through a judgment by the Environment and Land Court, our Airports Authority won a dispute over a 200 hectare piece of land which had allegedly been fraudulently acquired by individuals. The case lasted 16 years, enough time for the fortunes so held up to earn good dividends. Speaks quite badly of our land dispute resolution systems.

In the judgment, the Court made an indicting observation on the office of the Director of Surveys for authenticating conflicting survey records to the subject site. If this was indeed so, the reprimand was deserved. If the office of the Director of Surveys was keen enough to sieve out conflicting survey records before approval, messy overlaps would be avoided. This office must therefore up its game in quality control. So a big cheer to KAA for this major feat. This matter had a big bearing to public interest. The loss of the land would have dealt a big blow to the Agency’s asset portfolio, and greatly limited the future expansion of Jomo Kenyatta International Airport. The Agency should now move with speed to firmly secure the Airport land, complete with good fencing and regular field checks.

Galana-Kulalu ADC land

Now the bad news. That over 300, 000 acres of land belonging to the Agricultural Development Agency (ADC) have been grabbed by people whose identities, interestingly, remain unknown. The affected Galana-Kulalu land, reports indicate, has subsequently been invaded by land buying companies which are subdividing and selling it off at an alarming rate. And all this with neither the authority of ADC, nor the National Land Commission, the State Agency responsible for the management, including disposal, of public land.

This matter, which is yet to fully unfold, does not auger well for those responsible for the management of our public land. While we laud ADC for whistle blowing, it is curious that the Corporation chose to report the matter to Parliament, and not the Land Commission, which has the mandate to deal. But there are more concerns. If any cadastral maps were prepared to the grabbed land, how would the office of the Director of Surveys, discussed above, not have noticed the encroachment? Could the encroachment be a replica of the Mau Forest land grabs in Narok where the subdivision of adjoining private ranches was knowingly extended into public land? Might there be internal collusion by some public organs? The public deserves quick clarity on this matter.

Buyer beware

As for the associated land market, let prospective buyers beware the risk in transacting. It is obvious that some investors must have lost money. But let those who hadn’t committed keep away. Importantly, the Land Commission should move with speed to restore the land to ADC. Kenya must not revert to blatant land grabs given recent efforts and resources invested in establishing legal and institutional safeguards.

Dated 14^th May, 2021