Recent media reports indicate that a lot of property lies unclaimed since those entitled do not even know of its existence, writes Jeckonia Otieno

Edwin Ochieng’, 26, graduated from university two years ago and lives in Eastlands, Nairobi. He knows his grandfather left a sizeable parcel of land in Siaya when he died. His grandfather had three sons, but Emmanuel’s dad also passed on when his second-born son was only eight. This left Emmanuel and his elder brother at the mercy of their uncles on matters of land sub-division and inheritance because their father had left no Will.

Except the location of the land, he knows nothing else, not even whether the land has a title deed. The tragedy of it is that the eldest uncle who is the custodian of the land at the moment is not willing to divulge any information pertaining to the state of the family land.

Missing link

This is the scenario many Kenyan youth find themselves in. Most young people have left land matters to the elderly that they rarely realise some of the intrigues bedevilling the sector until they find themselves evicted from their family land. Even then, when the elders register complaints with the Ministry of Lands and present their cases to the Public Complaints Resolution Committee at the ministry, the youth end up only as escorts without any significant contribution when the grievances are presented.

Richard Abura who coordinates the committee confirms that the young generation is the missing link in the land question.

"About 90 per cent of the complainants are above 40 years and the few young people we meet just escort the elderly complainants," says Abura.

In fact, the waiting lounge at Ardhi House is usually occupied by elderly people waiting to be heard every Thursday.

From Lamu to Busia, land has become an explosive issue. The steady increase in population is not making matters any easier since the existing land continues to be sub-divided into smaller and smaller parcels.

Catherine Kamau, an accountant from Nyeri, says many young people, especially in towns, have their priorities pegged on living a high life, which leans heavily on partying and showbiz, that they only realise too late how land is indeed very important. Catherine, who is in her early 30s, hopes to get a share of her father’s four-acre piece of land, thanks to the new Constitution.

"The youth are not tied to land these days," says Jane Amisi, the technical advisor to the complaints committee at the ministry. She decries the fact that the country might end up having a generation that is so ignorant on land matters that and this could fan the flames of an already volatile sector.

Malice and trust

Her counterpart in the committee, David Muiruri, a surveyor, cites an example where a father left, for inheritance, his four-acre property to his four sons. One son ended up selling the whole parcel without sub-dividing it to his siblings simply because they had not cared enough and trusted him too much.

Muiruri remarks that unless a person works hard for something, it is difficult to see the real value of it. This is the situation with most youth because they just sit back and let their parents take care of land disputes.

The elderly are not spared either. They are accused of holding information pertaining to land so close to their chests due to fear that the young people might eliminate them early in order to inherit land.

Unclaimed property

Consolata Namai, a surveyor, who also sits in the committee, observes that old people view young people with a lot of suspicion and mistrust due to the trends they choose in life.

"It is this fear that stops them giving the youth information about details as important as land," she explains.

The committee advises that the Government, through the Ministry of Lands, should sensitise the youth on the importance of land in line with the Constitution.

The youth ought to be taught on the steps involved in land registration, transfer, sale and other pertinent matters.

Nelson Namisi, the operations manager in the committee, cautions that if this is not done, then an increase in land disputes is in the offing.

While it is not an express right for children to be told what they inherit eventually, it is necessary to have a Will to eliminate cases of unclaimed property in the event of death.

A property lawyer, Lucas Kang’oli, states: "Children have no express right to know what is theirs; they can only know what belongs to the parent."

Kang’oli notes that this avoids animosity that might arise from disgruntled children. Dividing of property, therefore, is at the discretion of the owner, but he clarifies that a Will can always be updated because as time progresses, more property can be acquired or disposed, which needs a clear reflection in the Will.

Property owners can also change their minds on who to bequeath their property. The document that amends or replaces a previously executed Will is known as a codicil. This is a safeguard against squabbles that may arise among family members.

Recent media reports indicate that a lot of property, including land, lies unclaimed since those entitled do not even know of the existence. In such a scenario, only parents are to blame for not disclosing what they own to their next of kin.

Tom Morara, a property lawyer who sits in the complaints and resolutions committee, points out that it is difficult to trace property if those entitled to it were not duly informed of its being.

However, he says computerising land records will help.