Foreign landowners reluctant to reveal their identities, says NLC

By PATRICK  BEJA 

Kenya: Foreigners who own huge tracts of land in Kenya are reluctant to reveal their identities almost a year after authorities asked them to do so, The Standard has learnt.

The foreign landowners are still avoiding fresh registration of their land as directed by the National Land Commission (NLC) last year.

Now the commission has set up a team to trace them and enforce the law.

NLC has estimated that about 1,000 foreigners own land in Kenya and in the past has said most of the parcels are in Coast, Rift Valley and Nairobi regions.

Yesterday, the commission said that after a year of waiting, only 170 foreign landowners have owned up.

Joint ownership

Independent accounts indicate that some of the foreigners have rushed to hide the ownership of their land by transferring it to joint ownership with Kenyans through Kenya registered companies.

Notices to register the land expired and now the commission has formed a new team to determine the next course of action.

This comes as a review of lease conditions is under way after the Constitution decreed that non-citizens may hold land on the basis of leasehold tenure only, and that such leases shall not exceed 99 years.

Many of these leases are in Coast and some of them have expired and are awaiting renewal.

On Tuesday, the Kwale County Assembly adopted a resolution calling for non-renewal of leases in the area and recommended that on expiry of the leasehold tenure, this land should be returned to the county government.

NLC chairman Mohamed Swazuri said in Mombasa yesterday only 170 foreign land owners, out of an estimated 1,000, have come out to register their land.

“The foreign land owners have not come out to register their land afresh as expected. We have set up a team to handle the matter,” he told The Standard on Friday.

Yesterday Dr Swazuri did not give a breakdown of foreign land ownership in the Coast but last year, he indicated that Italians hold land in Malindi.

The commission chief spoke after addressing lands officials from Mombasa, Kilifi, Kwale, Taita Taveta, Tana River and Lamu counties at Mombasa Beach Resort in Mombasa County.

Last year, NLC wrote to Kenyan diplomatic missions abroad urging the foreign landowners to register their land afresh.

The foreign missions were asked to circulate a new 30-day notice after an earlier one had expired but property tycoons remained adamant.

Yesterday, the commission said the response has not been good enough, prompting it to form a team to deal with the matter.

Comply with law

Swazuri told the reluctant foreign landowners that they must comply with the provisions of the Constitution.

NLC had earlier announced that a 60-day ultimatum issued in June last year for this category of landowners to declare and formalise their assets expired without co-operation from them.

Swazuri had warned that “they must comply because if they do not we will go after them”, without elaborating.

The Standard has established that Italian landowners in Malindi are among those who are yet to comply with NLC’s directive.

Reports also show that British, Omani, and German nationals are among foreign landowners at the Coast, in Nairobi and Rift Valley regions.