Lands CS Karoney's strategy to cleanup ministry

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 Farida Karoney responds to your questions:

Your ministry has launched the digitisation of land records, mainly in Nairobi. When will the same be rolled out to other counties?

Simon Kipsang, Eldoret

Digitisation of land records is a key component of the ministry’s Land Information Management System which enables online land transactions.

This system enhances efficiency, security and transparency in land transactions.

Online services are currently available in Nairobi and will be expanded to the neighbouring counties of Kiambu, Kajiado and Machakos by the end of 2018.

The plan will be finalised in the rest of the country by the end of 2019.

What administrative action does the ministry invoke to rein in some land registrars who collude with unscrupulous individuals to place unwarranted caveats on legal title deeds? I am a victim of such a situation. The Kisii lands registrar allowed caveats on my two parcels of land, which are legally registered under my name. How can such cautions be removed?

Andrew Maranga Ratemo, Malindi

The law is clear on when to place a caveat on land.

Mr Ratemo, you are advised to write to the Chief Land Registrar and raise an official complaint regarding the unwarranted caveats on the parcels of land.

The matter will be investigated and an official response provided.

Are you aware of the sad decline in the state of mapping in our country because of the many decades of underfunding of the institution charged with doing this work to the point it has been unable to map the entire country for proper urban planning? What plans do you have in reviving the activities of Survey of Kenya?

Robert K Kilimo, Nairobi

My ministry is committed to ensuring that the entire country is mapped, and is adopting the latest technologies in this process.

In 2012, the ministry began the development of the National Geodetic Reference Frame.

To date, several Continuously Operating Reference Stations have been installed.

This is an ongoing process and the government will ensure adequate resources are available because technology is central to efficient land administration and management.

What programme is there to rollout the registration of community lands in the northern counties? Lack of registration of these lands is keeping communities poor because they cannot leverage on the wealth in their lands to better their lives.

Robert K Kilimo, Nairobi

The 2016 Community Land Act has provided the framework for registration of community land across the country.

The regulations which will operationalise the Act, are currently before Parliament awaiting approval.

Upon approval by Parliament, the ministry will embark on setting up systems to ensure the registration of community land.

When land details were digitised, the payments for land rent were apparently not transferred to the new system. I purchased my house in Lang’ata in 1984 and I have paid my land rent every year since then. What are you doing to sort out this issue to ease my pain of having to upload over 30 receipts and to make a trip to Ardhi House with copies of the receipts for verification before I am issued with a clearance certificate?

Thomas Bundi, Nairobi

Before digitisation, land rent was payable in banks appointed by the Kenya Revenue Authority through the iTax system.

These payments now need to be updated. All land owners are therefore required to upload their proof of payment on the e-Citizen platform.

It is no longer a requirement for land owners to visit Ardhi House for updating of the information.

Subsequent payment of land rent will be done through the Land Information Management System and the clearance certificate issued simultaneously.

Many Nairobi land owners have share certificates as proof of land ownership. Will it be possible to get title deeds using the certificates? And about how much will the entire process cost?

Robert Mutegi, Nairobi

As per the 2012 Land Registration Act, share certificates are not acceptable as evidence for the issuance of title deeds.

For share certificates to be authentic and valid for issuance of titles, they have to be forwarded to the Chief Land Registrar/Director of Land Administration, together with a letter giving details of the parcel of land.

In addition, the forwarding letter from the company’s director should be duly sealed and attested to by at least two other directors.

I am a resident of Nandi and I would like to know how many tea farm leases have expired within my county and what plans your docket has concerning the expired leases.

Nicholas Bett, Nandi

The ministry is still profiling the list of all leases in the country.

Once complete, we shall provide the list of those that have expired.

As you are aware, a task force was established to develop guidelines regarding renewal and issuance of leases whose recommendations informed the current regulations that are before Parliament for enactment.

Your predecessor launched an initiative to rapidly facilitate the granting of title deeds to public schools in order to deal with land grabbers who had developed a large appetite for such pieces of land. What became of this noble initiative? What are some of the challenges in implementing this?

Komen Moris, Eldoret

The School Titling Programme is an ongoing exercise spearheaded by the ministry and the National Land Commission in collaboration with the Shule Yangu Initiative, a Non-Governmental Organisation.

Under this programme, all schools will be issued with titles to secure their land.

Key challenges include: lack of proper documentation and surveying school registration certificates, lack of clarity of ownership and boundaries.

It is important to note that as a key step towards fast tracking issuing of titles, the government has waived all fees required before issuance of titles to schools.

When will title deeds for the Ngai Ndethya settlement scheme in Mtito Andei, Makueni County, be issued? Land adjudication was completed in 2001 yet the residents have not been issued with the titles.

Ben K Kitolo, Mtito Andei

Ngai Ndethya settlement scheme is on public land, which was set aside for wildlife conservation.

The law requires that such land be de-gazetted before issuance of titles. This process has not been finalised.

For decades, my uncle who is now in his 80s has been lamenting about a Dandora land company where he had invested, but to date he has not been given his rightful share. This land company is the Kiambu-Dandora Land Buying Company. When will the government look into this company like it recently did with Embakasi Ranching so that investors like my uncle can get what they deserve?

Githuku Mungai, Nairobi

The company is included in the Nairobi Titling Programme in which the government targets issuance of 50,000 title deeds by the end of May this year.

The Law Society of Kenya (LSK) has recently come out to oppose online land transactions. Some wananchi do not understand what the issue is. I would also like to know whether the implementation of the programme required public participation and if it does, whether your ministry received any views, including those of the lawyers.

George Obuogo, Elburgon

The ministry is working closely with all stakeholders, including LSK, to create awareness on the ongoing digitisation process and address any emerging issues.

LSK has expressed their support for the process which is aimed at efficient administration and management of land in Kenya.

What can be done about failed attempts to correct an anomaly that arose in a report that indicated that Parcel Loc 1/Kigio/144 had encroached on the road between it and Parcel Loc 1/Kigio/610 by three metres on upper width and seven metres along the stream? Any effort to correct the anomaly has been fought ruthlessly by a private surveyor who in the first instance caused the mess. He disregards RIM Location I Kigio Unit Sheet No. 4 Map from Survey of Kenya hence causing conflicts with neighbours.

Peter H Mungai, Thika

Peter, you are advised to visit our Thika land offices to address this boundary dispute.

Can the ministry help the communities in Kirinyaga County, represented by their clan elders, take possession of their customary land rights in the following areas: Mwea Trust Land currently in Mbeere South Sub-County and LR Ngariama/Lower Ngariama/431 situated in Mwea East Sub-County of Kirinyaga County for which the Ministry of Lands had been directed by the High Court on November 2, 2007 to spearhead the process of adjudication? It is more than 10 years after the said judgment yet there has been no action on the ministry’s part.

Kiunguyu Ernest Mungai, Kirinyaga

The ministry is in consultation with local leaders and the county governments of Kirinyaga and Embu to amicably solve this matter and ensure all legitimate beneficiaries get their title deeds.

What is the latest on the bill to revive the County Land Management Boards? Since the boards’ dissolution, many Kenyans are suffering in the hands of unscrupulous individuals, some who are in your ministry.

Ogenga Julius, Kericho

Parliament repealed the law establishing the County Land Management Boards.

All matters regarding land disputes are effectively being handled by the Environment and Lands division of the High Court.

Reports about the famous Mavoko land buying companies are well documented. Many Kenyans have lost their life’s savings to these companies and some investors have had their land invaded by the same companies who use some ancestral claims to the land in that area to defraud people. In fact, a major cement manufacturer East African Portland Cement has been in a long running battle with them over a piece of land in the area. Why is the government not acting to protect genuine title holders from these notorious land grabbers? It has been alleged that these companies enjoy some political patronage no wonder they act with such impunity. How true is this and for how long will investors continue to suffer because of these notorious land grabbers?

Phanice Mutuku, Mavoko

We have received several claims that some land buying companies purport to own land that is registered to East African Portland Cement in Mavoko.

It is suspected that they may be using forged land documents to dupe innocent land buyers.

The public is advised to be cautious and conduct rigorous due diligence from our land offices before buying any property. Furthermore, anyone who may have been defrauded should take up the matter with the relevant government agencies for redress.

I would like to draw your attention to a dispute over a piece of land between an individual owner and Kenya Wildlife Service (KWS) in Wajir. The owner had lodged a complaint with the National Land Commission in Wajir six months ago as well as with the land tribunal. While the dispute had not been resolved, KWS moved in and fenced off the land ignoring the complaint by the person who claims ownership. Your personal intervention is sought over this matter.

Hassan Abdirahman, Wajir

This complaint is properly before the National Land Commission and will be addressed appropriately.