By CYRUS OMBATI and GEOFFREY MOSOKU
A row is simmering between Cabinet Secretary Charity Ngilu and the National Land Commission (NLC) over a controversial decision to allocate close to 300 acres of public land to a private organisation.
The constitutional commission says it did not approve the allocation of 117 hectares of land, equivalent to nearly 300 acres to a group calling itself Trustees of Kibera Nubian Community.
Only a week, after Ngilu publicly took on Lands Commission chair Mohammed Swazuri, it has emerged the ministry has allocated the 300 acres in a move that promises to reignite turf wars between the ministry and the independent commission.
This could also ignite violence among residents of the biggest slum in the region if the new owners decide to make use of it and evict those deemed tenants.
According to the letter of allotment dated July 30, the community will pay an annual rent of Sh72.
Such allocation means the organisation would own almost half of Kibera slum. PK Kahuho signed the letter of allotment for the commissioner of lands.
Ironically, the position of Commissioner of Lands was scrapped with the creation of the NLC in March.
Again, the ministry failed to notify the NLC of the allocation, in spite the constitutional role it is assigned to manage public and communal land.
On Thursday, former Lands Commissioner and now Lands Secretary Zablon Mabeya defended the allotment saying Ngilu was right to issue the letters.
“There is nothing unprocedural in the allotment letter since the Cabinet Secretary had told even Parliament of the plans to give the Nubian community titles for the land they have claimed as ancestral land,” Mabea added.
When asked why they had not involved NLC, Mabeya said Kahuho and all other offices who were under him, are now with the NLC.
“Mr Kahuho is basically an employee of the commission,” he said adding that the NLC has no powers to sign any land document including leases.
In a move casting doubts over the intention of the letter of allotment, the ministry is said to have deliberately failed to copy the allotment letter which has been copied to the PS Lands, Director Survey, Nairobi County Clerk, Director of Physical Planning, Officer in charge land rates, accountant, records and plot file.
According to the law, it is the commission that is supposed to issue allotment letters of such land to individuals, working in consultation with the county government.
The ministry officials and NLC have faulted the move and accused Ngilu of being behind it.
“What we believe is that those behind the move have other agendas and it will explode on them badly,” said a senior official at the ministry.
The Nairobi County Government has also dismissed the allocation as irregular saying much as the aim it is noble, the law has not been followed.
“We were not involved in this allotment as we don’t have the legal instrumental in place to transfer any land in the counties,” Nairobi County Executive for Lands, Planning and Housing Tom Odongo said.
Mr Odongo said the law provides for a joint management of such community land between the NLC and county government adding that the ministry has no role.
“As far as we are concerned, the office of Commissioner of Lands ceased to exist upon the appointment of NLC,” he said adding that the County Lands Boards that will work with NLC are yet to be appointed.
The geographical area of Kibera slums is estimated at about 700 acres, which the Nubian community, through the Nubia Council of Elders, have been laying claim to as ancestral land.
The community has been demanding they be allocated the entire Kibera slums on claims they were given the land by the colonialist.
