Conflict looms over subdivision of private land

Nakuru, Kenya: Trouble is brewing in Nakuru County between the Ministry of Lands and the county government over the subdivision of agricultural-rich land that is privately owned.

The ministry has been issuing subdivision consent for land below five acres against a directive by the county government, which fears that further demarcation of such land might affect agricultural productivity in the area leading to food insecurity.

According to communications exchanged between the two levels of government, seen by The Standard, two senior officials have been embroiled in a bitter exchange over the matter.

The tiff between the District Lands Registrar Suzanne Nabulindo and the County Executive in Charge of Lands, Housing and Physical Planning Rachel Maina is likely to degenerate into a supremacy battle between the national and the county governments over management of the privately owned and community land.

Food security

While Ms Maina maintains that the move was a threat to food security in the county, Ms Nabulindo accuses her of usurping power of the Ministry of Lands Cabinet Secretary Charity Ngilu.

In a letter dated April 17, this year, Maina raised concerns over continued subdivision of agricultural land within the county saying the move would affect food production hence rendering the region food insecure.

“This is therefore, to notify your office to stop forthwith issuing subdivision consent for land below five acres starting June 1 until the County Spatial Development Plan is developed to guide land use in the county,” read the letter addressed to the chairman District Land Control Board and copied to relevant Government offices dealing with land matters.

In her response dated April 28, Nabulindo dismisses Maina, saying her order was in contravention of the provision of Article 68 (C) (1) of the Constitution which states: “Parliament shall enact legislation to prescribe minimum and maximum land holding acreages in respect of private land.”

She further states that section 159 sub-sections 1-5 of the Land Act 2012, contains the procedure for the same and vests the powers in the Cabinet Secretary, Ministry of Lands.

The exchange has caused bad blood between the two levels of government at the county with the ministry feeling that the county executive is overstepping her mandate by trying to enforce powers that are beyond her.

Human settlement

“This matter amounts to interference of functions of the Ministry of Land and it might cause problems in a region where land issues are emotive,” said an official of the ministry who did not want to be named because she is not allowed to comment on the matter.

The county government has been trying to ensure that private land that is agriculturally productive is not sub-divided for the purpose of human settlement.

Governor Kinuthia Mbugua is on record cautioning owners of huge parcels of agricultural rich land to maintain the same for food production.

However, the situation in the county has been compounded by pressure brought about by rural to urban migration that forces landowners to sub-divide land for setting up homes to accommodate the influx of people in the urban areas.