Caution: Counties where you sell land at your own risk

One of the streets in Narok Town that was flooded after heavy down pour that pounded the town. Traders incurred huge losses after most of their goods were swept by the raging waters. They called on the county government to improve the town’s drainage system.

Kenya: Property transactions may drag in 17 counties that have not established land management boards. The boards, established under the National Land Commission (NLC) Act, are charged with conducting property transactions.

Their mandate includes considering and processing applications on land allocation, change/extension of users, sub-division and extension or termination of leases.

According to the NLC, 17 counties have not established the boards that would make such transactions efficient. Consequently, investors in the affected counties must submit their requests for transactions to the NLC headquarters in Nairobi until the boards are established.

According to NLC Chairman Muhammad Swazuri, the affected counties are Nairobi, Kisumu, Mombasa, Taita Taveta, Kilifi, Makueni, Kitui and Kiambu. Others are Machakos, Garissa, Bungoma, Isiolo, Turkana, Nakuru, Trans Nzoia, Narok and Bomet.

 NLC powers

Legally, the commission has powers to administer land countrywide in line with sections three, six and seven of the Land Registration Act. It also has powers to operationalise a board for efficient service delivery in counties.

The chairperson is elected by members in their first sitting while the secretary is appointed by the NLC.

The county assembly must approve the appointed members after consideration of constitutional national values and reflect gender equity and ethnic diversity within the county.

Counties should not only fast-track the formation of the boards, but also contain fraudulent transactions. Counties have been victims of irregular transactions as investors scramble for prime plots to put up commercial and residential buildings.

In an attempt to crack down on flourishing land cartels in counties, the NLC recently reportedly revoked 1,000 title deeds.

It further set up an investigation and forensic unit under the Directorate of Legal and Enforcement following the upsurge in land fraud cases. The work of the unit is to scrutinise documents to establish genuine landowners.

 

At one time, NLC issued a directive suspending all occupation, transfer, allocation or conversion of public land as conmen, brokers and unregistered land agents ran amok.

The notice was directed to governors, county commissioners, land officers, public agencies and state corporations. The commission said the suspension would remain in force until all consultations were done and further guidelines introduced.

Caution

It further cautioned the public against purchasing any parcels of public land, saying any documents issued after such deals would not be accepted by the commission.

Dr Swazuri said that his office had already received several complaints about illegal land deals being executed by Government officers.

In January 2012, the Cabinet froze all transactions on public land, including new grants and renewal of leases until the National Land Commission is established.

Even though the directive appeared designed to protect public land and assets, there were fears that uncertainties would hurt investments in counties.

Swazuri has on occassion accused land officers and authorities of disposing of public land without informing or consulting the commission.

—The writer is an advocate of the High Court

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