Karoney: National Land Policy will address the challenges of land use

In this interactive series, we invite our readers to send in questions to selected public figures. Answers will be published in the next print and online editions. This week, Lands Cabinet Secretary Farida Karoney answers your questions.

1. Last month, you launched the much-publicised National Land Use Policy. How will it affect me as a villager in Uasin Gishu County during my day-to day socioeconomic activities?

Komen Moris, Eldoret

The Sessional Paper No. 1 of 2017 on National Land Use Policy (NLUP) outlines how land should be utilised efficiently, equitably, productively and sustainably for the current and future generations. The policy is a framework for adequately addressing the challenges related to the use of land and land-based resources. The policy will help in conservation of water catchment areas and mitigating effects of climate change to have steady rainfall and sustained water supply for human settlement, agriculture and manufacturing. It will guide the preparation of physical development plans at the county level and provide for renewal and re-development of urban areas.

2. The Regional Survey office in Nakuru has continued to carry out land survey functions in land sub-divisions, land boundary disputes and amendments of registry maps which ordinarily should directly be handled by the County Government of Nakuru. What is your take on this? Dan Murugu, Nakuru

The Fourth Schedule of the constitution sets out respective functions and powers of the national and county governments on the question of survey and mapping. The National Policy on survey and mapping provides for the interplay between counties on the one hand, and between counties and the national government on the other. Co-ordination entails maintaining uniform standards and ensuring quality control of all the survey and mapping activities across the country. It follows therefore that regulation of survey practice is part of the maintenance of standards and is a function of the national government. The national government regulates the registration and licensing of land surveyors as provided for in the Survey Act. Land registration and issuance of titles to land and interests in land and property is a function that can only be performed by the national government because it is the guarantor and custodian of title deeds.

3. I have been trying to do an online land search for the last three months to no avail. One time I was asked to attach a copy of the title which I did at the beginning of May 2018 but still nothing has come out, just ‘REJECTED’ but no reason given. My search reference number is 000001-44829761. What could be the problem? David Mwangi

I have taken note of the search number and the challenges you encountered. I will follow up and give you an update. Kindly get in touch this week through [email protected].

4. After the President launched issuance of free titles in Nairobi, people are asked to pay Sh30,000 as lawyers fee. Can you clarify on the same? Who appointed the lady advocate who keeps sending messages to people? Duncan Kamau, Nairobi

Both the ministry and the county government of Nairobi have waived fees and related charges in the issuance of titles. The clarification went out on the payment of the legal or conveyancing fees for the private lawyers involved through a newspaper notice by the county government of Nairobi. All the Advocates contracted by the county government to help in processing leases are from private practice. For this reason, I am not in a position to know the lady advocate engaged in sending messages. Kindly avail her contact details so that we can engage the county government on your behalf.

5. Madam CS, does the lands registrar have the power to revoke a valid title deed? I am a victim of such after the Kisii lands registrar colluded with some people to cancel a valid title deed no. 14270 issued to me in November 2017 after I purchased a parcel of land from the late Francis Ratemo Omboki. What administrative action do you take against such corrupt officials? Denis Kayago, Kisii

Article 40 of the constitution protects the right to ownership of land. Only in limited circumstances does the law allow land registrars to revoke titles deed where there is a blatant fraud or mistake in the face of the document. If any party believes a decision made by a land registrar was arbitrary or unlawful, they can challenge the decision in court.

6. Can the CS support the efforts being pursued by the Governor of Kirinyaga and the elders to implement the recommendations contained in the 1995 report by the late Chief Justice Z. Chesoni to regularise the boundary between Embu and Kirinyaga counties? The Morris Carter Land Commission report of 1923-25 could also assist you greatly in this endeavour. Kiunguyu Ernest Mungai, Kirinyaga

Thank you for sharing useful information that could help in resolving the Kirinyaga and Embu counties boundary dispute. As government, we shall support and join any initiative that can bring a peaceful co-existence between and amongst Kenyans.

7. In the matter of LR Ngariama/Lower Ngariama/431, I would like to point out that Justice Lenaola's judgement in Civil Case Number 71 of 2006 was delivered at Meru. However, I am puzzled to learn that the Attorney General is now getting involved in this already concluded matter whereas the elders have patiently waited for action by the Ministry of Lands as per the judgment delivered over 10 years ago. Why is it taking the Ministry of Lands so long to follow through the judgment? Kiunguyu Ernest Mungai, Kirinyaga

Thank you for alerting me on the decision by Justice Lenaola on the case. I have instructed the registrar in Meru to prepare a brief and detail action taken to implement the decision. I should furnish you or other interested parties directly within the next two weeks. Kindly share your details with me at [email protected].

8. The Kisii lands registrar connived with others and allowed the lodging of two cautions on parcels of land legally registered under my name. What is the legal process that is supposed to be followed in removal of such cautions and what administrative action do you invoke to rein on such errant officials? Andrew Maranga Ratemo, Malindi

Any person who has an interest in a property as a beneficiary, licensee or as a purchaser has a right to lodge a caution over the property in question to protect his/her interests. Before a caution is registered, the cautioner must swear an affidavit stating the reasons of lodging the restriction. He will then petition the registrar, and the registrar will issue sermons for caution hearing and then listen to both parties and after that make a determination. The Land Registration Act guides the registrar when performing such duties. The Kisii Land Registry has many incidences of restrictions due to fraudulent land transactions. I encourage you to raise your specific case directly with the registrar and keep my office informed.

9. Title deeds are being revoked by land laws each day. How are the innocent land buyers going to secure their titles, some of which they have committed to development activities? Solomon Gatobu, Maua

A title confers ownership rights to land. The National Government is the guarantor of title deeds. Land laws aim to streamline issuance and to confirm the sanctity of title deed, not to revoke or wish them away. All Kenyans deserve the protection and confirmation that the titles they hold are genuine and reliable. The Ministry of Lands and Physical Planning is taking steps to widen and complete the digitisation of the land records to, among others, preserve the sanctity of titles and safety of land records.

10. Years after the Karen land saga broke out, things have gone quiet. What is the status of the Karen land? Since there had been a dispute over the titles, which title will the Ministry of Lands accept and respect? Githuku Mungai, Nairobi

The Karen land matter had two concurrent legal processes; criminal and civil suits. The criminal case has ended with a decision taken by the court. In the meantime, the civil trial to determine the dispute over the titles is still in court. The ministry awaits the conclusion of the court to inform its next steps.

11. Is it in order or legal for a land buying company in Eastlands, Nairobi, to repossess the original shareholder's certificate before issuance of title deeds? Is taking back the certificate not dispossessing the shareholder rightful ownership and rights to participate in the final decision concerning the company in case of dissolution, sale, or sharing final proceeds of the company assets? Kellybrian Muthoka, Nairobi

A share certificate is a confirmation that the individual named on it has the rights as stated on the certificate. I, therefore, agree with you that taking or dispossessing a member of their certificates is a violation of the affected person’s right to participate in the affairs of the company. Would you please share the details of this particular land buying company to enable further investigations?

12. There was a case in court in which a family accused you of illegally acquiring their 50 acres of land in Nandi County, way before you were named the Lands CS. Now that you are the boss at Ardhi House, don't you feel there is conflict of interests and if so, how does it affect land reforms in Kenya? Evans Miriti, Meru

You are right. I have a land case pending before a court of law in Nandi County. However, this is a civil and private matter in the hands of my private lawyer. I see no conflict of interest because the issue is not before the Ministry of Lands and Physical Planning. Besides, courts are distinct from the executive.

13. With the Delmonte Company lease coming to end in the next few years, and with both Murang'a and Kiambu counties determined not to renew the lease, how is your ministry helping to solve that problem and give confidence to investors like Delmonte who employ thousands of Kenyans directly and indirectly? Jossy Mwangi, Nyeri

The provisions of the Constitution of Kenya converting all leases to 99 years took effect from August 2010. To that end, Delmonte Company and other similar companies have running leases for 99 years with effect from 2010. It is essential that in support of the President’s ‘Big Four’ Agenda on food security, manufacturing, affordable housing and universal healthcare, the two levels of government - national and county - work together to encourage investors.

14. Kony Indigenous Council, a community-based organisation, submitted to the National Lands Commission (NLC) a memorandum on historical land injustices (case file No. 2006 of 2013, and Claim Reference No. NLC/HLI/133/2017) but to date we have not received any response or notification from them. When will NLC commence investigations into historical land injustices in Trans Nzoia? Gregory Kwemoi Ngeiywa

The National Land Commission acknowledges receipt of the application. Action on the complaint is pending because of competing interests and the fact that the time provided to NLC for the resolution of historical injustices has expired.

15. When are matters concerning Embakasi Ranching Company ever going to be finalised? Initially they were to sort out issuance of title deeds and wind up by February but they were granted an extension until May. We, the plot owners, have been taken round in circles and being asked to pay what we consider illegal levies. Even worse, some of the plots are being grabbed, sometime with tacit support from senior officers in your office. Can you intervene please? Henry Alembi, Embakasi

Embakasi Ranching Company is one of the many land buying companies that the government has decided to facilitate and help their members receive title deeds. The numerous complaints and incidences of land fraud have caused the ministry to intervene to ensure members get individual title deeds. A fast track process for the issuance of title deeds has been accelerated following a directive by the President on May 30, 2018 to resolve the Embakasi Ranching Land Issues within three months. There is excellent progress.