18April2024

Land Reforms in Kenya and around Africa

This blog focuses on issues of land reforms in Kenya and around Africa and related matters

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Recent blog posts

Irregular entries

I recently wrote about emerging forms of private land grabs. I’ve since received humbling feedback. In one case, a proprietor’s green card, which bears ownership details, was irregularly removed. It was replaced by another bearing the details of a totally different person. In another, a family processing succession found some of the land parcels which were part of their deceased father’s estate irregularly transferred to other persons. Surprisingly, the involved land registries are in rural counties. Most land fraud has hitherto happened within the highly urbanized counties, with Nairobi at the lead.

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AI driven tool: Volumes and 3D models

I recently had occasion to share time with my good friend Peter Ndirangu of Polken Geocart Survey. Peter loves unconventional solutions, and has a penchant for new technology. Admittedly, he has an ear for the future, and innovation. This time he was excited to demonstrate how he’s been generating maps and three-dimensional (3D) models using a simple AI driven tool. This mobile SLAM Lidar enabled tool, has made it possible for him to provide simple solutions to local industry problems, saving time and resources for his clients.

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Some fellow licensed surveyors have narrated harrowing stories of land grabs targeting their clients. I have had the experience too. Some local newspapers have reported similar accounts. Last year, Africa Uncensored, one of the independent media houses, ran a series of episodes entitled “Title Deals” between September and November, highlighting the wretched plight of some victims. The confidence and daring of the perpetrators shocks. Were it not for the familiar localities such as Karen, Westlands, South B and Thome, the serialized incidents would fit into fictional realm. Government ought to be rattled, and move to stem the trend. Else, impunity will reign, and private land tenure security in Kenya will be greatly undermined. Moreover, government officers themselves may sooner become victims.

Land grabs

The conventional form of land grab in Kenya, and most of Africa, has been standard and predictable. Folks, often with privileged knowledge on land ownership patterns in a jurisdiction, would identify available public or community land then proceed to use executive, political or even business influence to acquire it. This would be done regardless of the designated public purpose, and in contravention of due procedures. It would happen regardless of protests from the target institutions and communities. Enough incidents of this nature have been documented in the “Ndung’u Report” of 2004, among others. Perhaps the establishment and coming into office of the national land commission interrupted this gravy train, making scouting for public and community land for private take riskier. This may have motivated the emerging alternative forms of land grabs.

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Leasehold properties

From routine enquiries, one appreciates that some leaders aren’t yet sufficiently informed about the proposed annual levy on freehold land in the amendments pending enactment by parliament. Let’s close this gap. Holders of leasehold properties in rateable jurisdictions in Kenya currently pay annual rates. In addition, those who are lessees to government, meaning that they have been leased the land for a term of years by either the county or national government, pay an annual rent. This is the rent that they pay to the government every year as the owner of the land, or the lessor, under a mutual contract.

Freehold properties

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Golf clubs on prime land

Most golf courses are vast and exclusive, and located in pristine, high value and highly coveted zones. However, those insensitive to posterity remain keen to convert them to real estate. Kiambu Golf Club is now on the lenses. Debate has been rife in some local radio stations that the Club, which occupies prime land in Kiambu town, must cede part of its land as a condition for the extension of its lease. The land excised, it’s argued, will be used for other urban needs. Proponents to this demand observe that the facility currently serves only the needs of a few, while the majority of Kiambu residents remain crammed up for lack of land for expansion. This must be a tough moment for the Club management.

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