CS Jacob Kaimenyi on how he plans to eliminate land cartels

In this interactive series, we invite our readers to send in questions to select public figures. Answers will be published in the next print and online editions. This week, Lands Cabinet Secretary Jacob Kaimenyi responds to your questions:

1 Some cartels in Nairobi have taken advantage of the loopholes in land laws to dispossess people of their rightfully owned land. The owners are taken through lengthy frustrating court cases in a bid to protect their land from the greedy cartels. For instance, Sauti Sacco Society has been grappling with this experience since 1990s when hundreds of members, including me, joined its housing project in which we invested money acquired through loans. The project turned into a mirage when a group emerged claiming that the land we had invested in around Savannah in Nairobi was theirs. The cases have dragged in the courts leaving some members poor after retirement while others died while waiting for justice. How do you plan to fix such loopholes?
James Muigai, Nairobi.
This appears to be a case of historical land injustice. Therefore, seek redress from the National Land Commission which has the power to compensate should they find justification. Alternatively, you can seek their intervention so that this matter is withdrawn from the court and addressed through alternative dispute resolution mechanism.

2 Since the Kihiu Mwiri (Kenyatta Farm) board of directors was dissolved in 2015 and the government took over the management of its affairs, some of the shareholders are yet to get their title deeds four years down the line. What is the fate of the remaining shareholders?
Patrick Mwangi, Kiambu

This matter was addressed recently by the management committee of the farm and it was agreed that those shareholders who do not have title deeds be granted. Please get in touch with the Director of Surveys to be updated on status of this matter.

3 My concern is the sudden burst of high rise buildings in every corner of Nairobi. How does your ministry give permission to build 18 to 20 storey commercial buildings in residential Parklands area where there is no infrastructure to support these buildings?
Shobhna Shah, Parklands

All builders must seek approval from the relevant government agencies.  Where approval has not been granted, or there is evidence that building standards have not been complied with, the department of Housing and Urban Development should be told immediately so as to conduct investigations and take appropriate action. Towards this end, you are advised to file a similar complaint to the National Construction Authority or the Principal Secretary in charge of Housing and Urban Development.

4 I am one of the hundreds of IDPs settled in Marmanet North/Rurumuti block 2/456 and 458 on 26/4/2013 following the post-election violence in 2007. When is your ministry going to issue us with title deeds so that we can have full ownership of the lands and develop them? Can an individual process his or her own title deed after presenting the allotment letter without necessarily waiting for the governors to do it for them?
Eliud Kibe, Laikipia

Yes, as an individual, you can seek issuance of a title deed so long as you have an allotment letter and fulfilled all the relevant conditions on the said letter. Consequently, you can write to me for assistance attaching all the documents indicating the ownership of your property.

5 Sir, as part of enhancing integrity and breaking the cartel networks in the ministry of Lands registries, why is the ministry reluctant to transfer staff who have overstayed in their work stations for more than four years?

Andrew Ratemo, Kisii

It is not true that the ministry is reluctant to transfer staff who have stayed in one station for more than three years against the policy.  Indeed, last year, we transferred staff from nine land registries who had overstayed. Besides, we recently transferred some of our members of staff at our headquarters who are in similar category. This process will continue so as to inject freshness in service delivery in different parts of the country.

6 Agricultural land around Nairobi has been subdivided to economically unviable portions thereby having a toll on agricultural productivity. With the devolved units, this problem has now been devolved to 47 counties where land near the administrative centres is also being subdivided. Does your docket have any strategy to preserve our agricultural land from this onslaught? 
David Maranga, Nairobi. 

Yes we do have a strategy which clearly is spelt out in the National Land Use Policy (sessional paper No. 1 of 2017). The policy was recently approved by Parliament and gazetted in October, 2017.  Chapter 3 of the said policy provides details on guidelines, principles and strategies.

7 Sir, in early 1980s some land owners in Keiyo South volunteered to surrender part or whole of their land for establishment or expansion of primary schools. The compensation was done to twice the amount of acreage given up. Apparently many of the owners continued occupying these surrendered lands to the detriment of school development. What is the ministry doing about the situation?

Samwel Chemwolo, Elgeyo Marakwet

It is true such cases are many and should be discouraged. Once someone has been compensated by the government, they should cease with immediate effect to occupy the said land. I shall advise National Land Commission to investigate the matter and ensure that those who continue occupying such public land are evicted.

8 While I commend you and your Lands ministry for the good job, we still have a situation whereby some land companies have taken long to have the land divided among the members as the law dictates. The situation has led to among other things people resorting to taking the law into their own hands, including murder. Can we be assured that the issue will be a thing of the past?
Francis Njuguna, Kibichoi

In an attempt to resolve this matter once and for all, the government through a presidential directive, has got registration of all genuine land buying companies. Further, the ministry will continue working closely with relevant ministries to liaise with the management of such land buying companies to resolve the disputes amicably.

9 Why has land adjudication not been finalised in Kilungu sub-county, Kikoko location of Makueni County? We have waited title deeds for too long. 

Musili George, Makueni

To the best of my knowledge, land adjudication in this area has been finalised and title deeds will be issued soon within the next four months.

10 I had been paying land rents of Sh56.50 per year dutifully at the lands office and thereafter at the National Bank when changes were made in 2007. Last year more changes were effected moving towards online payments and mobile phone transactions. After filling the online details as required I got an inflated figure of the balance due. What should I do?

Peter Maina, Nakuru

If indeed the figure of the balance was inflated, you are advised to complain officially in writing to the acting Chief Land Registrar.

11 Our mother purchased a plot in Nakuru at a place called Wanyororo and we never got a chance to possess it immediately. Later when we went there we were informed that the plots were divided long ago and there were no more remaining. How do we go about this?
Eunice Mugo, Nakuru

It is rather unusual for the plot to have been divided without your knowledge. Consequently, complain to me in writing providing details and evidence of ownership of the plot which you purchased to enable me intervene.

12 The lease for my land expired in 2003 while I was in the US. My attempts to have the lease extended have been unsuccessful since 2013 when I wrote to the NLC requesting for an extension. My lawyer has since written to your ministry over the same issue but this too has been unsuccessful. My land is L.R. 182 (full number withheld) Kikuyu and I already have a deed plan for it. I am a victim of a stroke that I suffered in 2013 and this has left me unable to earn a decent living for myself and my family. I wish to sell a portion of my land to help me get but I can’t without a title. Kiambu County has also sank a borehole on my land but they cannot compensate me for the same reason. How can you help me in this matter?
Naftali Mungai, Kiambu

I do appreciate your concern about delay in your request for the extension of your lease. Kindly write to the acting Chief Land Registrar providing all the details of ownership of your land and correspondences which you have done with the ministry to-date, so that we can assist you.

13 Many Kenyans are delighted that since you took over leadership at the ministry, the endless squabbles witnessed earlier between it and the National Land Commission have not been witnessed publicly. Sir, what have you done differently?
Komen Moris, Eldoret

To reduce squabbles, we have promoted teamwork. Further, we have discouraged unnecessary competition between the staff of the ministry and National Land Commission because we are serving one government. These squabbles were mainly institutional.

14 According to research by the Institute of Surveyors in Kenya we found that only 50,000 housing units are set up in Kenya every year, while the annual requirements are 200,000 housing units. This means we have a shortfall of 150,000 housing units per year. What is the plan by government to address this issue?
Isaac Githua.

Yes indeed the annual shortfall in housing units in Kenya is 150,000.  The Jubilee administration is committed to constructing 500,000 affordable housing units in the next five years.  Further, it has reduced the cost of construction substantially by making construction materials locally.

15 You have served the administration of President Uhuru Kenyatta in two important dockets of Education and Lands. What has been your experience in both positions and in a few words what is your most outstanding achievements in the current docket?
Dan Murugu, Nakuru

In both ministries, there have been challenges in service delivery and we have put in place measures to address them to the best of our ability.  In Ministry of Education, one of the key challenges was constant strikes which was indeed a threat to predictable school calendar.  To resolve this, the Government made sure that the unions were made to sign a Collective Bargaining Agreement whose term lasts four years.  As for the Ministry of Lands, the greatest challenge has been resistance to land reforms.  Fortunately, we have managed to encourage majority of the members of staff to appreciate the need for reforms. My outstanding achievements in the Ministry of Lands include processing over 3 million title deeds from 2013 to-date at a cost of over Sh4.46 billion, digitised 13 registries at a cost of Sh1.2 billion, finalised National Spatial Plan, which was launched on March 1, 2017, prepared the Physical Planning Bill and Land Value Index Bill and dissolved 287 Land Control Boards and reconstituted new ones, so as to ensure gender balance and professionalism in the appointment of members.

16 On April 19, 2007, we were forcefully evicted from our land and our homes destroyed in a politically motivated act that was meant to intimidate our family into submission despite the fact that our family had a title-deed. I have on several occasions written to your ministry and the National Land Commission to try and resolve the issue all in vain. When shall we get restorative justice by getting back our land and be compensated for the destruction of our homes?
James Ndichu, Kagio Kirinyaga

Forceful eviction from your land is a historical land injustice and should be addressed by National Land Commission as you indicated. Kindly write to me detailing your concerns so as to enable me to communicate the same to the National Land Commission. I believe after investigations you will be compensated appropriately, subject to proving ownership of the land you were evicted from.

17 My neighbours and I (numbering about 200) with homesteads were left out of land allocation in the recently concluded Chakama Phase 2 Settlement Scheme despite having been on the land for more than 20 years. We have gone to various land offices but we have been told the land was declared vacant by county government. The surveyors while doing work of sub-division saw what was on the ground but decided to allocate land without giving priority to persons on the ground. How do we have the land we have occupied reverted to us?
Ambrose Mwaizinga, Kilifi

If indeed you have evidence of membership of this settlement scheme for more than 20 years, the National Land Commission will investigate this matter and decide on the next course of action so that you are not denied your right. Consequently, complain in writing giving the details of your land ownership to National Land Commission and copy the same to me for my intervention, if necessary.