21November2024

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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Informal moratorium

For months now, the Nairobi City County has not processed applications for the renewal or extension of leases. There seems to be an informal moratorium on such applications. There are murmurs and complaints surrounding it. By developers, Architects, Planners, Surveyors and other professionals charged with routinely supporting Kenyans requesting such technical support. What heightens anxiety is that no one seems to want to take responsibility and accountability on the matter within the City Planning Department. Worse, there’s been neither official explanation about the cessation, nor justification. Such lacuna invites speculation, and, in the circumstances, the highest office in the County Government, that of the Governor, deserves to be called out.

Renewal and extension of leases

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I write as we mourn Principal Magistrate Hon Monica Kivuti. Monica was shot while dispensing justice. My condolences to the family, and the legal fraternity. We must always remember that advocates, magistrates and judges, along with other judicial officers, are our humble servants. They serve to ensure a sound justice system. Let’s therefore respect their decisions, and court premises. Where aggrieved by matters touching on them, let’s use available appeal mechanisms. Forwards, Monica’s death should trigger the enhancement of security in courts for judicial officers and users.

Allocation to KANU and Executive Order

Let me get back to KICC, the Kenyatta International Convention Center. Early this month, the Environment and Land Court ruled against a petition by the Kenya African National Union (KANU), our independence political party, seeking to recover KICC. KICC was allocated to KANU in 1989. KANU was then under the Chairmanship of President Daniel Arap Moi who, along with Peter Oloo Aringo, served as its trustees. But it was taken over by government through an executive order during President Mwai Kibaki’s regime. KANU had therefore petitioned seeking a declaration that it’s the registered owner of the plot, and that the government had unlawfully acquired it. KANU sought orders directing the government to give vacant possession, and seeking compensation following the unlawful acquisition.

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Kiambu land rate hikes

Stung by the recent high increment of land rates in Ruiru, Kiambu County, some proprietor reached out for opinion. Incidentally, I’d been privy to a case where land rates to a parcel within the periphery of Kiambu town had shot from Ksh10,000 to about Ksh170,000. This a huge increment by any account. I suspect that many other proprietors in the county have silently agonized over such disproportionate increments.

Let’s be rational on this matter. County governments have the legal mandate to draw up valuation rolls, based on which they levy land rates for properties within any rateable jurisdictions. Under the law, Kiambu County, which had reportedly reviewed its valuation roll a while back, therefore acted within its mandate. Nairobi County has been in the process of reviewing its roll too, upon which land rates may be reviewed countywide. Other Counties may be at different stages on this matter. Land rates are an excellent source of revenue, and County governments must optimize on it. But guardedly.

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Flood victims

Losing residence owing to calamities such as floods must be devastating. It comes with threats to life, loss of property, disruption of earnings and loss of a social ecosystem. The associated emotional and sentimental loss is beyond imagination. Reason why those currently affected in Kenya need empathy and help. Their plight should be addressed sufficiently, and quickly, and not be used as fodder for ping-pong politics. But Kenya must learn lessons. While the occurrence of natural disasters, and the prevailing climate change consequences, may be beyond us, we are endowed with skills and capacity to innovate and mitigate accordingly.

Mitiigation strategies

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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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