Nairobi demolitions resume after holiday
Evictions are set to resume after the festive season to rid Kenya of illegal land occupations.
In Nairobi, where most of the disputed land is, Provincial Commissioner Njoroge Ndirangu urged people occupying such land to vacate voluntarily to avoid evictions.
“Nothing is happening for now and it will be so until after Christmas. The people should move out on their own; eviction is a last resort,” the official told the Sunday Nation.
The pronouncement came after a task force that investigated land ownership in Athi River unearthed massive illegal land dealings and recommended evictions. (READ: Bulldozers to knock down more city homes)
Internal Security Minister George Saitoti said the move is meant to restore the sanctity of the title deed and boost investor confidence.
If implemented, more than 10,000 people, including slum dwellers, face eviction from their homes in Athi River.
Task force chairman John Abduba said cartels of fraudsters invade public and private land, sub-divide it then sell it to unsuspecting Kenyans after obtaining fake title deeds.
The report presented to Prof Saitoti said the cartels used “marauding gangs” to prevent genuine owners from accessing their land after it was occupied.
Evictions marked by demolitions of permanent buildings were carried out in Syokimau and Kyang’ombe to clear the land reserved as a flight path under the Kenya Airports Authority. (SEE IN PICTURES: Nairobi demolitions)
Demolitions were extended to Eastleigh and buildings around the Airforce’s Moi Air Base were brought down.
Pending evictions, Prof Saitoti ordered Police Commissioner Mathew Iteere to investigate and arrest fraudsters mentioned in the report.
“I assure genuine private developers that my ministry, which is charged with the responsibility of chairing land control boards, will only facilitate legal land transactions,” said Prof Saitoti.
Mr Ndirangu said evictions in Nairobi would be done in accordance with recommendations of committees that probed land apportionment.
Though the government went into action last month, documents seen by the Sunday Nation show that the plans were under way since September.
A letter by Prime Minister Raila Odinga to the Internal Security ministry complained of lacklustre performance by police, leading to disregard of the law.
Another letter from Vigilance House, the police headquarters, to the ministry blamed lack of effective law maintenance on politicians who incite the public to defy lawful orders.
The letter reads in part: “On several occasions police have tried to demolish illegal structures but every time politicians have mobilised the public to forcibly resist.
The exercises therefore degenerated into fights with politicians and the public on one side and police on the other.”
It added: “Although we are in a position to mobilize adequate force to demolish the structures and evict illegal occupants, we have been conscious that it’s against the spirit of democracy to apply coercive policing.”
In such cases, the letter said that police officers were admitted in hospitals after sustaining injuries.
The police report identified areas which had been invaded by illegal occupiers including slums in Kiang’ombe, Mitumba, Kibera, Kiambiu, Lunga Lunga and Sinai.It further said:
“Some of them (structures) are imminently lethal to settlers, others are on land belonging to strategic parastatals while others are in areas where they critically compromise safety, security and viability of strategic facilities like airports and rail lines.”
The police also appealed to the cabinet ministers and MPs to lead the way in upholding rule of law whenever officers enforced legal orders
“The society looks upon holders of the officers for leadership and their conduct invariably influences conduct of everybody else.
“It’s desirable they provide leadership in the respect for rule of law,” another part of the document read. Besides taking over public land, police also noted that illegal occupiers invaded private property.
The letter also said: “We are prepared to use all reasonable force to execute measures intended to create safety, security, respect for private property and entrench rule of law.
“It’s not the intention of police to be seen to be fighting members of public and their political leaders.” Mr Abduba’s taskforce report noted a big number of homeowners and private developers bought land in Athi River oblivious of the illegal deals.
While presenting the it to the minister, the team’s chairman John Abduba said: “Those who have settled on illegally acquired or irregularly allocated land must be evicted and the land reverts to lawful land owners who may need to be assisted to access their land.”
The team found “gullible” Kenyans bought land belonging to National Housing Corporation, National social Security Fund and Kenya Meat Commission.
Land belonging to Meat Training Institute, Numerical Machinery Complex, East African Portland Cement Company as well as private individuals had also been invaded.
The task force appointed in August comprised officials from different government ministries, businessmen from the area as well as the local municipal council. A special unit within the Criminal Investigations Department has since been formed to probe land issues in Kenya.
Speaking during the police end of year party on Friday, Mr Iteere said fraud involving land has increased creating endless disputes and confusion in the land sector.
He said most affected areas are Mombasa and its environs, Mlolongo and the general Nairobi area.
“In response to this, I have formed a dedicated Land Fraud Investigations Unit to assist the Ministry of Lands restore sanity to the sector and bring the offenders to book. The unit will be operational by the end of the year,” said Mr Iteere.
The taskforce report also revealed that irregular land appropriations and illegal acquisitions led to proliferations of fake land ownership documents. The fake documents were used to dupe unsuspecting land buyers into purchasing non-existent land.
The taskforce was also mandated to look into the “squatter problem” in Athi River, but found there were none.
Its report mentioned there are 10,000 slum dwellers on illegally acquired land who pose as Internally Displaced Persons.
“Of extreme urgency is the need to stop further invasions, irregular apportionment, illegal sale and settlement by individuals on land they don’t own,” said Mr Abduba.
Some parts of the land in question also fall under the Mavoko municipal council, which was involved in the Syokimau saga, where permanent buildings were demolished because they were constructed on land belonging to KAA.
Even as the taskforce conducted its investigations at least 820 members of a self help group accused of encroaching on a controversial parcel of land in Athi River stayed put.
Tupendane Vision Self Help Group, whose members are occupying 1200 acres of land said to be owned by the State-run Numerical Machining complex, claim they are its bonafide owners.
Mr Abduba’s team was also establish whether land rates were paid to Mavoko council, name public officers involved in the irregular allocations and explore the inability of the Lands Control Board to stop the transactions.
It comprised representatives from the ministries of Land, Internal Security, Nairobi Metropolitan Development, Industrialisation and Labour.
Land prices in Athi River have shot up as the city expands northwards due to a growing middle class. This has seen the city literally expand to Kitengela, Mlolongo, Isinya, Rongai, Kiserian and Lukenya.
