Surveyors warn over issuance of title deeds

By Kurian Musa

KENYA: The issuance of title deeds without involving all stakeholders could undermine the sanctity of the document, a professional’s body has warned.

The Institution of Surveyors of Kenya (ISK) chairman Collins Kowuor yesterday raised alarm that those given title deeds recently, especially at the coast region, were re-selling the land.

“The sanctity of the titles is in question and thus those who have the legal documents still fear losing the land if all stakeholders are not involved in the process of land adjudication,” said Kowuor.

The professional body draws membership from land surveyors, valuers, geospatial surveyors, registered estate agents, and property, land and facility managers.

Mr Kowuor said most of the land in the country belongs to the community and should be demarcated well.

The official asked the government to fast-track the enactment of the Community Land Act.

He said the spate of violence being witnessed across the country could be attributed to rows over land ownership. 

The ISK official said the National Land Commission (NLC) should finalise rules and regulations as provided for in the Land Act 2012, Land Registration Act 2012 and the NLC Act 2012 to streamline the land registration process.

“We should be able to know who issues the titles and to whom they are issued in a manner that the procedure is well defined,” the ISK chair said.

Grey areas

“Regulations should be in place by the NLC to address grey areas,” he said, adding the said grey areas should be resolved.

The surveyors also urged the government to fast-track the process of releasing uncollected titles in other parts of the country, as it happened in the coastal region.

 “They (titles) are lying in the national and the devolved government lands registry,” Kowuor said.

He attributed the uncollected documents to integrity issues and long procedures involved.

 “Unawareness of the members of the public about the existence of the titles deeds in the registry offices is ‘a disaster’ and this has resulted into thousands of the documents remaining uncollected,” the ISK chair said.

He said the process of issuance of land titles should not be politicised, but a complimentary role of the Ministry of Lands and the National Land Commission should be encouraged as spelt out in the National Lands Act.

“Whatever caused the delays of the titles issued at the coastal region should be addressed so that we don’t witness such in future,” Kowuor said.

Turf wars are said to be existing between the Ministry of Lands and the NLC in the wake of the recent debates raised by the political leaders.

“Let both institutions work together and avoid turf wars as all Kenyans and professionals are concerned about service delivery,” he said.