The headquarters of the Lands Ministry at Community Hill, the imposing Ardhi House, has twelve floors. But it’s not uncommon to hear insiders euphemistically refer to documents that have been prepared on “thirteenth” floor. Once you hear that phrase applied to your documents, trouble lies ahead. They mean that you hold fake documents most probably prepared outside Ardhi House. The “thirteenth” floor was introduced into Ardhi House and the land sector lingua franca in year 2006 after a targeted raid on an office on the fourth floor of Jethalal Chambers on Tubman Road in the city centre. The raid yielded all manner of documents used in the Lands Ministry, including fake title deeds. The office was like a complete production line for any land document anyone would have wanted. The operative involved had the entire range of transactional stationery used in Ardhi House, complete with rubber stamps. He also had the skill to forge signatures to any of the senior officers in the Ministry. Thousands of fake and forged documents were carted out of the office. And that’s how the infamous “thirteenth” floor reference got to be.

I have also had occasion to witness the level of threat to official land ownership documents when a suspect was hurled into the investigation room at the Central Police station in Nairobi. As soon as he stepped in, the officers, as if in chorus went, “Na huyu amerudi hapa juu ya nini tena?” (What brings him back here again?). I later learnt that the suspect had been to the office intermittently and for the same reason, forging land ownership documents. And some quick question and search routine on him led to easy evidence that he was deep into forging documents, with a clear preference for land registry ones. And most of those in the real estate industry will have heard references to ownership documents from “River Road”. River Road is one of the most famous roads in Nairobi city, known for very entrepreneurial local businesses and service points. In its gradual growth, establishments have come up with the equipment and operatives capable of replicating any formal documents. The preparation of fake land ownership documents is regrettably among their products. This “faking” industry has now spread beyond River Road.

It is also widely known that networks have developed that move around the city identifying properties belonging to the deceased, those who have relocated or are away for long. They then replicate ownership documents through forgery and “sell” off the subject properties. What happens afterwards never quite bothers them, needless to say that the hefty proceeds they earn from the irregular sales of such land is enough to run rings around pursuing victims for years.

Away from Nairobi, we have been treated to networks that move forged and fake land ownership documents in most of the big regional towns including Mombasa, Kisumu, Nakuru and Embu which are home to some of the oldest land registries. A lot of media reports to the effect have been filed over the years. And in the routine course of practice, I’ve faced enough complaints from victims, evidence that this fraud has spread and afflicted many more towns. It’s just that the media either doesn’t get provided with objective evidence, or otherwise gets overwhelmed with similar stories. But land fraud is widespread and has inflicted suffering and loss to many families and investors who have either lost land or money respectively to the fraud movers.

The above suffices to demonstrate that away from irregularities within government offices, there has gradually developed a suave parallel industry that prepares fake ownership documents with which they defraud legitimate land owners and well-meaning investors. While some work in collusion with officials in lands and survey offices countrywide, it is also obvious that some stand alone. Having realized that once a document is replicated, official searches from land registries only helps to affirm the documents they have forged, the movers have got bolder with time. They have made big money and live large wherever they have set up.

But the truth is that they are known to some officials in land registries, local administration and the police. While there is a case for government to do internal vetting and weed out officials who collude to defraud and defeat legitimate land rights, there is an equal need to mind the operatives outside government. Without this, we shall continue to have complaints and court cases based on spurious ownership documents. We shall continue to have legitimate beneficiaries defrauded out of their due inheritance with high odds stacked against them even when they move to court. We shall continue to have far too many land cases that never ought to be.

The revitalized investigative and prosecution arms of government could save this country great resources if they stemmed land fraud in the bud by identifying and reigning the key actors county by county. Nairobi will be overwhelming but some determined and sustained intervention would see most of the perpetrators running and ceasing activities.

Dated: 10^th November, 2018