Quacks in building industry distorting urbanisation

By Mwangi Muiruri

The surveyors profession has been infiltrated by quacks who are fuelling land-grabbing across the country. And this in turn is distorting the face of developments and investments in real estate. The Land Surveyors Board (LSB) that is mandated to instil discipline within the sector, as provided for in the Survey Act, appears impotent and subdued.

As a result, property beacons that are certified by the board are being interfered with by all and sundry, and this in turn interferes with the cartographic details of urbanisation.

This revelations come in the wake of sustained criticism by professionals that the building industry has since surrendered to manipulation of cartels, presenting the stakeholders with illegal practices right from plot ownership to establishment of estates. This poses a major risk for investors in real estate, in essence transforming the sector into ‘survival for the wealthiest’.

Bogus surveyors are behind the subdivision of public utility lands.

These quacks are said to be hiding behind ranching companies from where they certify irregular subdivisions and even surveying public utility plots.

Bypassing authorities

"Yes, we admit that we have been infiltrated by bogus fellows who have brought this profession into disrepute," says Mwenda Makathimo, chairman the Institute of Surveyors of Kenya (ISK).

He says ISK is alarmed that this has bred impunity in land management governance, openly promoting unethical practices in the sector. Further, Makathimo says, most estates piloting urbanisation across the country have been demarcated by quacks following no legally recognised maps.

In Nairobi’s Eastlands, for example, he says the benchmarks for plots acreage have been distorted, courtesy of illegal surveyors working at the behest of the land cartels.

"Take a look in Njiru area. It is in law that the minimum plot that should be up for sale is quarter of an acre. We have plots that are even 10 by 10 feet, which is illegal," he says.

He adds: "That is the only side of town where demarcation of land is done through eye estimation and as long as you enjoy the cartels’ support, you can commence building a structure of your choice without the mandatory approval from the Government."

In this, they take advantage of the lack of a National Land Policy that embraces National Land Information Management Systems.

Josephat Githenji, Njiru chief: "My heart cries out to the owners of the plots who through toil and sweat bought the land." Photos: Martin Mukangu/Standard

According to the chief in Njiru Josephat Githenji, the cartels in the area have bred lawlessness that can get one easily killed for simply subdividing a plot. Allocations were initially a quarter of an acre; yet, this has been subdivided to very tiny plots where each is consequently sold off to as many as five people.

No rule of law

He says: "My heart cries out to the original owners of the plots who through toil and sweat bought the land. Some criminals, among them politicians came and gave out or sold off the plots. Today, even the criminals are fighting to wrench off the plots from each other. There is no rule of law in land matters here."

In law, all regions have zoning provisions that guide the maximum and minimum surveyors’ measure of land. But it depends on what category the land falls — whether agricultural or commercial plots.

For the agricultural land, the Land Control Board gives the guidelines whereas for commercial plots the local authorities are the custodians of zoning regulations.

But as the search for the National Policy continues, many innocent wananchi who have invested in small ways in real estate continue to suffer in the hands of these cartels.

To complicate matters further, the cartels are said to have spread deep into the Lands Ministry.

"Most upstarts in the real estate sector get swindled every other day," says James Mugo, a lands’ rights activist under the Futa Magendo (Eradicate Corruption) network.

He says some ranches connive with local authority and Ministry of Lands officials to distort factual information regarding land maps. As a result, the sector continues to suffer in deeply embedded cartels that for a fee or vested interests will swindle honest investors off their acreage or in other instances repossess private holdings through manipulated mappings.

Residential houses in Njiru, Nairobi

Recently, parcel owners from Eastlands presented a petition to lands minister James Orengo lamenting that their holdings with Embakasi Ranching Company Limited had been grabbed. Through their representative John Kiarie, they complained that more than 500 shareholders had their holdings either altered or phased out from records at the Lands Ministry.

"We put it to you that some of your officers are conniving with land cartels in Eastlands to swindle off plots from hardworking Kenyans," Kiarie told the minister.

A former surveyor with the company Eustace Mahinda told Orengo that he has the original map of the shareholders’ land.

"It has 350 acres of public utility land in block 105. There are a further 100 acres in block 136. But the reality on the ground is that, all these have been altered and transformed by bogus surveyors to commercial plots," he said.

In her reply, the ministry’s Permanent Secretary Dorothy Angote concurred and said she was aware the complaints had merit.

"I identify with what you are saying. We do not have a standardised form of taming such cartels but very soon we are going to put our house in order and woe unto anyone who might have engaged in land grabbing," she assured.

She says that the moment e-Government becomes a reality and land data is consolidated and filed in soft copy, at the touch of a button all the rot in the sector will be exposed.

The ISK Council says the Government has to put its foot down and rescue many would be local real estate investors.

"We are on record registering through various public forums that we totally support any initiative to repossess public utility land," says Makathimo.

The Chairman of the Planning Chapter of the Architectural Association of Kenya Mairura Omwenga says the real estate sector requires a miracle to survive turbulent times. He says, the sector is deficient of a National Housing Policy, appropriate and comprehensive legislation to maintain urban areas, proper mapping of roads as well as updated land information systems.

Embrace professionalism

Further, he says, lack of mapping on the ground has put in disarray the existing maps, which in turn lack proper inventory.

"That is why even conducting a search for properties on offer ends up being manipulated to reflect cartels’ wishes," he says.

After the bogus surveyors subdivide lands illegally, legal issues are bound to rise in future. According to the Physical Planning Act Cap 286 clause 41(2), "The subdivision and land use plans in relation to any private land shall be prepared by a registered physical planner and such plans shall be subject to the approval of the Director of Planning."

Section 42 (1) further states that "…regardless of any provision or existent law regarding administration of land, no subdivision, consolidation, lease or renewal of lease of an unalienated Government land or trust land or of a private land shall be effected without due regard being had to the requirements of the relevant physical development plan."

City Hall’s Director of Planning Peter Kaniaru refused to comment on whether the rot brought forth by the quacks emanates from his office. But a source at City Hall intimates that irregular subdivision of land has always been a matter of concern.

As a result, pressure has been mounting on the Planning Departments and Legal Offices in Local authorities to be recruiting the services of professionals in matters related to real estate development.

Makathimo says real estate developers must embrace professionalism "instead of engaging in cheap services from quacks".

He says the law will eventually catch up with such developers. He cited cases like the recent demolition of buildings along Thika Road where the law caught up with some developers. To be on the safe side, the Government must rejuvenate its law enforcement within the sector and crackdown on all impostors to any profession within the building and construction industry.

"On our part, we will deal firmly with anyone who is a registered surveyor and is incriminated in any unethical dealing within the industry," he warns.