Schools grapple with private developers over land ownership

A section of the disputed land at Rhino Secondary School. (Photo: Kipsang Joseph/Standard)

Public institutions in Nakuru County are losing large tracts of land to developers. Individuals and private companies have taken possession of land claimed by primary and secondary schools, hospitals, mortuaries, cattle dips, churches and the museum.

In some instances, sections of school compounds with structures such as staff quarters have been converted into private estates and teachers evicted.

Some of the affected schools could soon face closure as private developers erect residential structures while others employ the services of law firms to warn interlopers.

Several months of investigation by The Standard on Sunday established that most of the institutions lack ownership documents. In addition, rogue civil servants at the Nakuru Lands offices are accused of colluding with property developers and providing them with ownership documents in record time.

Moi Primary School, situated opposite Nakuru Agricultural Society of Kenya (ASK) Showground, lost several staff houses and about three acres to developers.

The school is situated in the upmarket Millimani area where an acre goes for about Sh70 million.

When we toured the site, several structures were coming up as those once occupied by teachers face demolition. Luxury vehicles were parked outside.

“Those now claiming ownership of the land moved to court two years ago. This is a strategy that has been used for years to frustrate recovery efforts,” said Nakuru County National Land Commission representative Frank Kibelekenya.

Kampi Ya Moto Secondary School claimed it lost five acres after a former district commissioner carved out a parcel and constructed a business complex. When contacted, the retired administrator declined to comment on the matter.

Ngata Primary School, Ngata Secondary School, Nakuru Workers Primary School and Kirobon Secondary School face a similar predicament.

Developers have also hived off a section of the agricultural show ground and sold it to third parties. ASK chairman John Karanja accused a former official of working in collaboration with developers to invade the public utility and said the society had taken the matter to court.

Naka Primary School’s fate is unknown after a private developer erected a perimeter wall, jeopardising learning for 400 pupils.

According to documents in our possession, 12.5 acres of prime land was donated to the public institution in the 1970s by Naka Residents Association for the establishment of a public primary school.

However, the developer’s actions have seen pupils confined to the three-quarter-acre nursery school section. Parents, teachers and civil society have staged numerous protests to repossess what they believe belongs to the community but without success.

The parents’ chairman, Joseph Karu, says the community was not involved in the transfer of the land from public utility to private property, and believes the process was conducted illegally.

“It is frustrating that civil servants are disregarding their role of safeguarding public property for future generations. I have confronted some, though they are hostile. I believe what belongs to the community will be surrendered,” said Kibelekenya.

Many legitimate land buyers are finding themselves caught up in a conflict between public institutions which claim ownership to property but have no title deeds to justify their claim and operate on a presumption of ownership. Recently, President Uhuru Kenyatta directed that all public schools apply to the Ministry of Lands to get titles for their schools.

Naka Residents Association filed a case in court in September 2012, demanding an explanation from the defunct Nakuru Municipal Council why they were excluded from the development plans on the Naka Primary School land.

In response, via a letter dated September 19, 2012, the council informed residents that there was high demand for housing. They were further informed that the housing policy was revised by the director of physical planning to open up the area for medium density residential development.

However, a law firm representing Ense Ltd whose directors include former Nakuru Mayor Mohammed Surraw and which claims ownership of the parcel, says its clients bought the land on November 15, 2010, from a co-operative society.

“The land in question was purchased after a search was conducted, due diligence done and the title deed confirmed to be genuine,” says the law firm in a statement to the media signed by lawyer Kipkoech Ng’etich.

According to the statement, the land originally belonged to Nakuru Kalenjin Association (Naka), which founded Naka Estate, but was later sold to Hyrax Enterprises, then to Pyrethrum Board Housing Co-operative Society Limited.

Documents in our possession show that the municipal council filed a civil case in January 2008, preventing a private developer from occupying the land that was claimed to be a public utility but later withdrew the case. Surraw had been serving as mayor when the municipality withdrew the case.

Sailing in the same turbulent water is Rhino Secondary School situated in Mwariki area. A few months ago, a private developer wrote to the institution through a law firm claiming ownership of the 5.5 acres on which the school sits.

The school principal and management were given a month to demolish all structures and move out or face a legal challenge. But Kibelekenya insists that the disputed land belongs to the secondary school.

Rose Wambui Kariuki, through Rubua Ngure and Company Advocates, says she is the registered proprietor of the parcel of land and wants it vacated.

In May, Legacy Connection Ltd through Mirugi Kariuki advocates wrote to the principal demanding Sh100,000 as liability after students held a protest and demolished a fence.

However, the school administration insists that the 7.5 acres were owned by Mwariki Farm Company Ltd, which gave 5.5 acres to the secondary school and set aside two acres for the neighbouring St Joseph Catholic Church and a nursery school. This is reflected in a letter signed by director Jim Kairu and dated August 29, 2014.

Parents Teachers Association chairperson Zipporah Wanjiru says they received the notice instructing them to demolish the buildings and stop any further developments in February. Later, a businessman Joseph Muya insisted that the school should move out peacefully.

“They do not understand the history of that place. Take it from me; they will go nowhere. The Ministry of Lands is very much aware of who owns the land,” said Muya.

Muya has denied being one of the people claiming the land. However, court documents in our possession indicate that he was evicted from the property by Legacy Connection in 2012.

According to a teacher at the school who requested anonymity, conflicts arose after the school received Sh6 million from a foreign donor in 2012 for the construction of six classrooms. However, they say, only Sh3 million was used to construct three classrooms between June 2013 and 2014.

A search at the land registry seen by The Standard on Sunday shows that the parcel of land where the church and school stand are a public utility.

At Nairobi Road Primary School, similar drums of war are sounding, though the school management has already acquired the land ownership documents in respect to two acres parcel of land fenced by a private investor.

Interestingly, in this one, the developer is unknown and only uses the services of a lawyer to issue threatening and warning letters to the institution to vacate the land or face a lawsuit.

Also on the long list of schools whose land is threatened is Mukinyai Secondary School in Molo whose five acres have already been taken away by a private developer. The school says it was allocated the land in 1975. Last year, President Uhuru Kenyatta donated more than Sh1 million for development but it could not be utilised because of the limited amount of land left for the school.