Lands Cabinet Secretary Alice Wahome came under sharp scrutiny in the Senate over the rising cases of public school land grabbing, as lawmakers demanded to know what the government is doing to protect learning institutions from encroachment.
Appearing before the Senate plenary on Wednesday, Wahome responded to concerns over widespread cases of public school land being invaded or allegedly grabbed by private developers, with senators warning that many institutions remain vulnerable because they lack title deeds.
The lawmakers lamented that several schools have recently been targeted by goons allegedly hired by land grabbers to intimidate school management and pave the way for illegal occupation.
The matter arose during the consideration of a question by Nairobi Senator Edwin Sifuna on the ownership of land occupied by Martin Luther Primary School in Buruburu, Makadara Constituency.
Sifuna sought clarification on the ownership status of L.R. No. 209/4401, where the school stands, and requested a history of all leases, grants, allocations, subdivisions and other land transactions involving the property since 1957.
"In just the last three weeks, there was an attack by goons at the school. Could the CS provide details on any leases, grants, allocations, subdivisions or other land transactions undertaken in respect of the parcel since 1957? What action has the Ministry taken regarding complaints by the school's board of management over encroachment and attempts by certain individuals to grab the land?" Sifuna asked.
Wahome acknowledged that Martin Luther Primary School has been operating without a title deed but said the Ministry had initiated the process of securing one after investigating the matter.
"The Ministry of Lands has already processed a lease in the name of Nairobi City County to hold the land in trust for the school and forwarded the documents to the county government for execution before a certificate of title is issued," she said.
According to the CS, ministry records show that the disputed 2.15-hectare parcel is registered in the name of Thabiti Enterprise Company Limited under a 99-year lease issued in 1986.
"The Ministry has no records of complaints regarding encroachment on the land occupied by Martin Luther Primary School. However, we have requested the headteacher to submit any complaints to the Ministry," Wahome said.
She added that the lease document had already been forwarded to the Nairobi County Secretary for execution and attestation, after which the ministry would issue a title deed in the county government's name to hold the land in trust for the school.
Wahome further disclosed that ministry records show L.R. No. 209/10466, measuring 2.15 hectares, is registered in the name of Thabiti Enterprise Company Limited under a 99-year lease that took effect on April 1, 1982.
"The grant was issued on June 24, 1986, by the then Commissioner of Lands and registered on July 1, 1986. On December 17, 1986, the property was charged to Standard Chartered Bank Africa PLC," she told the Senate.
Despite acknowledging the conflicting claims over the land, Wahome stopped short of committing to revoke Thabiti's title.
"What I can commit to is establishing how the other title came to be issued by the Commissioner of Lands, bearing in mind that it was not issued yesterday. I must make full disclosure before any further action is taken," she said.
Her response prompted concern from senators, who argued that land grabbing had become a nationwide problem, leaving many public schools at risk because they have never been issued with title deeds.
Makueni Senator Dan Maanzo also questioned reports that schools were being charged Sh38,000 for land surveys, asking why institutions were being required to pay to secure public land.
"The ministry is nowadays charging Sh38,000 to conduct surveys for public land, including schools. What is this new fee you are charging Kenyans? Have you personally visited this school?" Maanzo asked.
In response, Wahome maintained that the government's school land titling programme is ongoing and that the issuance of title deeds is free of charge.
"School land titling is part of our annual programme, under which we are targeting the issuance of about 400,000 title deeds," she told senators.
