Demolitions frequent and a threat to real estate industry

A while back we watched demolitions on the Northern bypass and the slip road through Loresho. Then we witnessed others in Syokimau. And now here we are with houses tumbling down on the Southern bypass. There are threats of demolitions visiting some houses in Runda too.

It amazes me how homes or commercial premises are casually demolished in Kenya. For the victims, the pain and anger at Kenya’s suspect land administration system lingers on for life. Many subsequently suffer major health challenges from the shock of watching their dream homes come down. But the casual attitude demonstrated by the policy makers and the key drivers of our land administration system on this matter poses a great threat to Kenya’s real estate industry. The demolitions frustrate and complicate property buying and selling. It’s time the contributory State commissions and omissions got addressed.

The question begs whether the line State organs shouldn’t take responsibility. What goes wrong? Who slept on the job and hence who should bear responsibility? But this then leads to the question how properties end up on road and other public reserves in the first place. In the case of bypasses which perhaps best illustrate the institutional flaws, land will have been initially compulsorily acquired or reserved out of public land. Such acquired road reserves are then left undeveloped. In some instances, official records such as survey maps are not amended to reflect the road reserves. But the roads agencies will always have records of such roads.

How are title deeds processed over road reserves?

In the case of Nairobi bypasses, either through some official collusion or some gross negligence, such road reserves were later replanned into plots, allocated through the office of the commissioner of lands and titles processed. With the titles available, market forces take over and such plots are rapidly transferred from one person to the next. Searches in the Lands offices will usually give evidence of clean titles since the internal drivers ensure so. This therefore encourages interested third parties to buy and even develop. The developments they put up come with full approvals from the planning authorities and are subsequently provided with services such as water and power.

For these reasons, owners may even enjoy peaceful occupation for years without alarm about possible demolitions. The peace lasts till road design and construction plans are ready and survey teams move to site and begin marking out the road alignments. The owners are usually totally taken aback. They unsuccessfully seek information from the Roads and Lands Ministries. Ultimately demolition visits.

But anyone can see some fundamental issues of commission and omission in these processes. Let me raise some. Why is it that after compulsory acquisition, the State agencies concerned do not mark out and police such reserves? Why aren’t maps amended to reflect the road reserves? Where road reserves are deliberately replanned by officers in government, what action has been taken? Since titles are issued by the same offices that initially oversaw the compulsory acquisition, why aren’t the responsible officers held accountable? Why does the roads agency wait until innocent citizens, victims of ‘State misinformation’ in the entrusted institutions, complete construction? Why do state agencies approve plans and provide services to developments on road reserves? What is the fate of all the fees paid out to State institutions by affected owners?

State must address policy and institutional flaws

The questions are many and point to obvious process flaws and omissions by State organs. To avoid future demolitions of innocently purchased/developed properties, it is time we held the responsible State organs and officers accountable. In the long term, we need a clear policy direction on this matter.