The good, bad and ugly news that defined land sector in 2018

Like elsewhere, Kenya’s news industry usually drives on the maxim of “now and topical”. So it becomes quite easy to forget the key stories and developments that inform the various sectors every year. Some happen silently but greatly impact on history, policy and practice; some are dramatic and quite newsworthy but with little policy or legal impact; and others that are mundane but affect many land owners and service seekers. Let’s look at what informed Kenya’s land sector in the year 2018.

DIGITISATION EFFORTS

The year opened with a call by Cabinet Secretary Prof Jacob Kaimenyi for Parliament to expedite the enactment of regulations to the new land laws. These regulations were approved by parliament later in April and are critical for the operationalisation of the new legislation. In February, Prof Kaimenyi left office and was replaced by Farida Karoney.

Early 2018 also carried reports on invasions of ILRI land in Athi River in Machakos County. Stories on land invasions in Mavoko, Nairobi and the coast, among other places, made diverse news in 2018. Invasions of private and public land violate the constitutional protection of land rights, and remain a major threat to land tenure security for private land owners. They call for systematic policy attention.

The effort by the Ministry to digitise land records has been big news throughout the year. The Ministry made early efforts to even provide the public with elaborate details on how to make online land rent payments. Some aspects of this digitisation initiative informed the closure of some land records and registry offices within the year. But attempts to institute electronic conveyancing suffered setback when the Law Society of Kenya obtained a court order against it, citing process fears. A Task Force to look into the matter and make recommendations was subsequently appointed. Its report remains eagerly awaited.

GREATEST DAMAGE

January and February also saw the Ministry launch interventions on Embakasi Ranching Company, with directives that the company reduces fees for plot beneficiaries so that the preparation of leases could be fast-tracked. These are yet to be issued. Indeed, the Ministry embarked on an aggressive countrywide programme to issue title deeds and leases. Some of the counties that have benefitted or may soon benefit from this titling programme include Nairobi, Nakuru, Siaya, Meru, Embu, Narok, Isiolo and Laikipia. One hopes that the initiative is continued until all the problematic company and cooperative farms around the country issue title deeds to their legitimate members.

Stories on the land commission made big news. The good and the bad! Its ongoing initiative to survey and issue title deeds to schools, if successful, will be good, given its net effect to the protection of land for public schools in Kenya. The recovery of grabbed land has been good news. But we were also treated to calls for the disbandment of the commission by Chief Assistant Secretary Gideon Mung’aro. Governor Amason Kingi and some land sector civil society groups also made similar calls. The Ruaraka land compensation saga, along with SGR, impacted very negatively on the commission. But it is the arrests of the commission chair, chief executive officer and some senior officers that perhaps inflicted the greatest damage to the commission’s public image and trust.

DEMOLITION STORIES

Other issues that defined the sector in 2018 included the suspension of the Mwea land allocation scheme in Embu following violent confrontations between beneficiaries and some residents of the area who felt left out in the allocations. This matter remains in limbo as the year ends. Land fraud in various parts of Kenya formed a big story throughout the year. This matter calls for structured and systematic attention by authorities. The Ministry also held hearings on its 2018/19 budget projections. Land sector stakeholders will need to come up with structured mechanisms in order to be able to influence these projections at inception and not at this late stage. Their expert inputs could help a great deal.

The demolition of properties encroaching on riparian land made news for long. Demolitions of dwellings in Nyama Villa in Kayole, allegedly for encroaching on private land, saw the government suspend all demolitions countrywide.

The story of demolitions has been hard for land owners, developers, tenants and even the government itself. Emotional suffering, loss of capital, confusion on roles and place of institutions and professionals in approvals and construction processes will need to be contended with. We also experienced state driven evictions of settlers in Mau Forest within 2018. Very volatile politics followed this intervention.

The extension of leases for tea farms, Del Monte and Kakuzi also informed sectoral news. This very important matter needs careful handling along with good political and policy guidance.

But 2018 closes with internal squabbles in the land commission, and the alleged loss of its compensation-data holding computer.

Mwathane is a surveyor: [email protected]