Demolitions

We have previously seen demolitions happen in Nairobi’s Eastlands and Syokimau. Athi River Portland has now happened. Kenya must be careful not to normalise brutal evictions contrary to its own law, and international conventions. The associated loss of property and trauma are devastating, and usually difficult to rationalise. Watching the images has been emotionally draining. Efforts should be made to avoid recurrence, and minimize the adverse consequences. The lessons below are pertinent.

Judiciary

One touches on the judiciary, its officers and processes. The Portland court case, which is reported to have been protracted for about ten years, didn’t help matters. The delay may have emboldened the unauthorized occupiers, and got many unsuspecting purchasers entrapped. If the court case had been determined expeditiously, few buyers would have been caught up, and the magnitude of loss would have been a lot less. Courts therefore need to beware situations with the potential to escalate public loss, and prioritize them accordingly. Though hard evidence may be elusive, it’s likely that minor technicalities and the usual requests for postponement by advocates contributed to the reported inordinate delay. Unauthorized occupiers often seize such delay to optimize on gains made through cultivation, commercial or residential use, making strategic land invasions look rather lucrative.

Landowners

A key lesson speaks to proprietors. While Kenyan laws do not oblige landowners to be in occupation, practice appears to inform that unoccupied land, or land devoid of visible human activity may easily attract unauthorized occupiers. Conversely, developments, occupation or the regular cultivation of land has been noted to disinterest unauthorized occupiers. Therefore, proprietors, be they individuals or institutions, would be best served by the regular policing of their land, fencing, cultivation, commercial or residential use which serve as deterrents. Evicting trespassers and invaders is rigorous and expensive. Keeping them out is a better strategy.

Buyers

There are lessons for prospective land buyers too. In prospecting for land, herd behavior is imprudent, and is no guarantee against fraud. That friends or workmates invest on some piece of land is no reason to follow suit. If tenure rights are unclear, or contested, all suffer loss. It’s therefore wise to undertake personal due diligence prior to committing. The involvement of credible and competent land professionals such as licensed surveyors, valuers, real estate agents and lawyers is advisable. But please check out their registration status since the market place teems with many pretentious characters masquerading as professionals, who charge very enticing fees. Also be sure to have a comprehensive written agreement. It may come in handy should the deal turn sour.

In cases where the land promised isn’t delivered, the victims must remember to exercise their right to claim back their money. Though lengthy and emotionally draining, this avenue remains open to the victims. Such money is recoverable as a civil debt, if one has the evidence, and is willing to prosecute the matter conclusively. This is where agreements drawn prior to any dealings come in handy.

Dated: 26th October, 2023