The government has intensified efforts to protect public schools from land grabbing by accelerating the issuance of title deeds and undertaking fresh surveys to secure learning institutions on legally documented land.
Lands, Public Works, Housing and Urban Development Cabinet Secretary Alice Wahome told the Senate that the Ministry is taking concrete administrative and legal measures to safeguard school property, citing the ongoing process to secure land occupied by Martin Luther Primary School in Nairobi as part of a broader effort to protect public institutions.
Appearing before the Senate to respond to questions from Nairobi Senator Edwin Sifuna, Marsabit Senator Mohamed Chute and Nominated Senator Hamida Kibwana, Wahome addressed concerns over ownership of school land, historical land transactions and delays in processing title deeds.
The issue of school land ownership has remained a major concern in Kenya, with hundreds of public schools operating without title deeds, leaving them vulnerable to encroachment, illegal allocation and prolonged ownership disputes.
Education stakeholders have repeatedly warned that the lack of ownership documents exposes schools to land grabbers, disrupting learning and threatening public investments.
Responding to concerns surrounding Martin Luther Primary School in Makadara Constituency, Wahome said records indicate that the land on which the school sits has historically been public land.
She told senators that Land Reference No. 209/4401, measuring about 104.5 acres, was registered in the name of the former City Council of Nairobi on March 23, 1956, on a 99-year lease beginning November 1, 1953.
According to the Cabinet Secretary, the property was later subdivided after approval was granted in September 1957, with the then City Council allocating portions of the land to various public institutions and beneficiaries through lease agreements.
Addressing fears of land grabbing, Wahome said the Ministry had not received any formal complaint regarding encroachment on the school's land but acknowledged concerns raised by the school's Board of Management.
She explained that although the school had claimed ownership of Land Reference No. 209/10466, ministry records indicate that parcel is registered under Thabiti Enterprise Company Limited on a 99-year lease that commenced in April 1982.
"The survey indicates that L.R. No. 209/10466 does not form part of the original school land," Wahome told the Senate, adding that it was hived off from a different parcel identified as L.R. No. 211/R.
To eliminate future disputes and secure the school's occupation, the Ministry has undertaken a fresh survey that created a new parcel measuring approximately 3.418 hectares (8.44 acres).
"I have taken a ministerial decision to survey the parcel of land occupied by Martin Luther Primary School," Wahome said.
She revealed that the newly created parcel, Nairobi/Block 56/853, has already been processed for a lease in the name of Nairobi City County Government to hold in trust for Martin Luther Primary School.
"The lease document has been forwarded to the County Secretary, Nairobi City County Government, for execution and verification, after which my Ministry shall proceed to issue a certificate of title," she said.
Beyond Nairobi, the Cabinet Secretary also updated the Senate on the processing of title deeds for beneficiaries of approximately 214 plots along Nyayo Road in Marsabit County.
She said delays had arisen because beneficiaries only fulfilled payment conditions attached to their letters of allotment in 2024, despite the allotment letters having been issued in 2018.
"Letters of Allotment in themselves do not confer rights to land. They are offers, which are subject to certain terms and conditions," Wahome explained.
Despite the delay, she said the Ministry had undertaken survey authentication, quality control and amendment of Registry Index Maps to pave the way for registration.
Significant progress has already been made, with 204 leases processed and handed over to the Land Registrar for Isiolo and Marsabit counties for execution, verification and eventual issuance of Certificates of Lease.
"My Ministry is also working with officials of the County Government of Marsabit to provide the missing details for the remaining plots in order to have all the leases processed," Wahome said.
