NLC raises alarm over high rate of public land grabbing in Busia

NLC said the scale of public land grabbing in Busia County is worrying, with almost every category of land reserved for public use facing the threat of illegal occupation. [Courtesy]

The National Land Commission (NLC) has raised alarm over the high rate of public land grabbing and encroachment in Busia County.

While vowing to crack down on individuals illegally occupying or acquiring land reserved for public use, Vice Chairperson Dr Julie Oseko said the commission had received numerous complaints during a public participation forum, with residents raising concerns over the alleged grabbing and encroachment of sewage sites, riparian areas, schools and other institutional land.

Oseko said the scale of public land grabbing in the county was worrying, with almost every category of land reserved for public use facing the threat of illegal occupation.

“What I would say, as NLC, from this public participation, is that there is a serious problem of land grabbing in this county the sewage, the public, the riparian, the schools, the institutions. It is like every public land here has been grabbed,” said Oseko.

The NLC official put land grabbers on notice, warning that those occupying public land, particularly riparian areas, had no justification for doing so.

“The message to grabbers is very clear: if you are on public land, you are not supposed to be there, particularly in riparian areas. Nobody has an excuse to be on a riparian area,” Oseko said.

She said the commission would investigate complaints brought before it and make decisions on land found to have been illegally acquired or occupied.

Oseko also urged individuals who knew they had illegally acquired public land to voluntarily surrender it rather than wait for the commission to take action.

“If you know you have illegally acquired land, we will revoke those lands back to the public. That one we can assure Kenyans,” she said.

She said residents were now looking up to the commission to act on their concerns when it begins hearings on the review of grants and dispositions of land.

The public participation forum was organised to allow residents to give their views on two regulations under the NLC's mandate: historical land injustices and the review of grants and dispositions of land.

NLC Commissioner Susan Oyatsi said the commission wanted residents to explain the challenges they were facing and advise it on how they expected their complaints to be handled.

“We met here because of the two regulations that we have, that is, historical land injustice and review of grants. We wanted wananchi to tell us how they want us to work. And we have talked well,” Oyatsi said.

She said the absence of a spatial plan for Busia County had emerged as one of the major concerns during the meeting.

According to Oyatsi, residents complained about haphazard construction, encroachment on public land and the health risks associated with unplanned developments.

“One of the things that came out of the meeting is the spatial plan that Busia County doesn't have. Several complaints came on the floor of haphazard buildings coming up, public land being grabbed or encroached, and health issues being caused because of that,” she said.

Oyatsi said having a proper spatial plan would help the county regulate development and protect land set aside for public facilities.

NLC Deputy Commissioner for Matayos Julius Maiyo said the commission had also received complaints from residents who believed they had suffered historical land injustices.

Maiyo said residents had been encouraged to submit their cases to the commission, noting that some had previously lacked information on which land-related cases could be handled by the NLC.

“There are complaints from people who feel they have suffered injustice. There are also complaints from those who believe they have suffered historical injustices, and they have been told that we have to take those complaints. We are very happy,” Maiyo said.

He said some of the complaints involved public land allegedly taken over or encroached on by private individuals.

Maiyo cited the Busia Airstrip as one of the public parcels where claims of encroachment had been raised, saying the commission would investigate the matter.

“There are some public parcels that have allegedly been grabbed, such as the Busia Airstrip, where it is claimed that some people have encroached on it. The NLC will look into it to ensure that the land is returned to the public,” he said.

Residents also raised concerns over disputes arising from multiple title deeds allegedly issued for the same parcels of land.

Locals led by Kevin Ojuro said some areas, including Chemichemi in Bunyala, had residents without title deeds, while other parcels were allegedly associated with several documents that different people claimed were genuine.

Ojuro said the situation had complicated land ownership disputes, with different individuals claiming legitimate ownership of the same parcel.

“In our land here, you find that there is a genuine title deed, then there is another genuine one, and yet another genuine one for the same piece of land. One person says, ‘I bought this land,’ and another person also comes with another title claiming the same land,” he said.

He said such disputes often left residents entangled in lengthy legal battles over land ownership.

Ojuro also called on the NLC to investigate public land, including cemeteries and land belonging to public institutions, and ensure that parcels illegally acquired are recovered and returned to the public.

He cited public institutions such as BCRH Hospital, the Kenya Medical Training College (KMTC) and polytechnics, claiming that some of the institutions did not have title deeds to the land they occupy.

“We have cemeteries that we have known for years as burial grounds, but even such land needs to be followed up. The commission should ensure that such is returned to the people,” Ojuro said.

The concerns raised by residents come amid growing demands for stronger protection of public land in the county.

Oseko said the commission would consider complaints presented during the public participation exercise and take appropriate action where investigations establish that public land had been illegally acquired or occupied.

She urged those occupying public land without a lawful claim to surrender it, warning that the commission would not protect illegal occupation.

The NLC's planned hearings on the review of grants and dispositions of land are expected to provide residents with an opportunity to formally present cases involving disputed ownership, alleged grabbing and historical land injustices.

The commission said public participation would remain critical in identifying land-related grievances and determining how disputed parcels should be handled.