28March2024

Land Reforms in Kenya and around Africa

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

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that has been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
Recent blog posts

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 17th 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!

Hits: 204
0

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 19th 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.

Hits: 177
0

Major tax hike

The government, through the Finance Act 2022, amended the capital gains tax as provided for in the Income Tax Act from 5% to 15%. This is good for government, which seeks to seize any opportunity to enhance the revenue basket. However, the tripling of the tax shocked those targeted, and could beget the taxman mixed results.

Tax applicable to land and buildings

Hits: 515
0

Cabinet Secretary Zachariah Njeru holds a very wide cabinet portfolio. It consists of Lands and Physical Planning, Housing and Public Works, and the Urban Development dockets. I cannot recall any other Lands Minister who ever held all these in one. Mr Njeru will therefore find himself extremely busy. He will need our support. Luckily for us, the Lands docket provides space and rights upon which housing, public works and urban development happen. The Minister’s efforts in Lands will therefore manifest and support his efforts in the other dockets.

Ardhisasa should expedite transactions

Delays in land transactions have for instance impended the expedient provision of land for housing and the development of infrastructure over the years. The Minister now has the discretion to have all these work in complementarity within this expanded portfolio. But the one thing he must first fix to attain efficiency is the online land management system, dubbed ardhisasa, which was launched in April 2021. The intentions of establishing this online system remain noble, the initial policy and technical hitches notwithstanding. It will help to expedite land transactions; it will immortalize our land records in better form and will help to disseminate land records countrywide real-time. It also substantially reduces human interfacing, and the consequent motivation for rent seeking.

Hits: 544
0

Posted by on in Land Governance

High turnover of top leaders

Best wishes as you savour the delights of the season, and take a most deserved break as we look back. It’s an opportune moment to reflect upon the land sector too. A little earlier, out went Farida Karoney, and in came Zachariah Mwangi Njeru, to the top office at Ardhi House. Farida was bold and firm. She dared some difficult changes in the rather conservative Lands Ministry. She kick-started the establishment of a national online land management system, which should expedite business. This system is yet to be perfected though, and is the one thing that Cabinet Secretary Njeru should give priority.

As I wish Farida well in her time away from Ardhi House, I welcome CS Njeru to this rather challenging Ministry. It has caused anxiety to previous occupants, some of whom later found themselves parading court corridors, courtesy of their days there. Little wonder, this Ministry has had a high turnover at the top. Hon Amos Kimunya, Prof Kivutha Kibwana, James Orengo, Charity Ngilu, Fred Matiang’i, Prof Jacob Kaimenyi and Farida steered it during the Mwai Kibaki and Uhuru Kenyatta presidencies.

Hits: 259
0

Blog Calendar

Loading ...