The year 2023 opened with mixed expectations following the swearing into office of Lands Cabinet Secretary (CS) Zachariah Mwangi Njeru in late 2022. As we ushered in January, President William Ruto revoked the subdivision of Galana-Kulalu land into settlement plots.
This was followed by news of the suspension of the subdivision of some 2,800-acre community land parcel in Kibiku, Kajiado West Sub-County over grabbing allegations. Not much has been heard about these since.
The new CS held consultative meetings with stakeholders following threats of public demonstrations by the Law Society of Kenya over delays, inefficiencies and collapse of services in land registries. The CS subsequently put in place measures, such as the manual registration of transactions to properties not yet converted to the Land Registration Act, to ensure that land transactions continued even as digitisation proceeded.
February opened with news that the Nandi county government and multinational tea firms had settled on the payment of a new rate of Sh5,000 per acre, away from the previous Sh100 per acre. On a different account, Kajiado County rebuffed efforts by the National Land Commission to adjudicate over discussions on rates payable by the multinational Tata Chemicals over land around Lake Magadi.
In related developments, there was news that Del Monte had ceded parts of its land to Kiambu and Murang’a counties as part of a deal to have its land leases renewed. Clearly, counties were seizing powers under the 2010 Constitution to revisit contracts to land under their jurisdictions.
News of the invasion of Northlands Farm in Ruiru, and the subsequent invasion of farms in Nakuru, Bomet and Kilifi counties in March and April rattled landowners. On the flipside, there was good news as the government issued title deeds to residents in places like Maweni, Mtwapa, in Kilifi; Rwiri in Meru; Etoro Ltungai and Ngaremara in Isiolo; and Kagundu Tharaka in Mwingi North within the year.
The Supreme Court made a landmark ruling that set a precedent for many land cases. The court ruled that a title deed conveyed to Dina Management was invalid since the original title issued to former president Daniel arap Moi along the beach in Mombasa was illegal and irregular on grounds that it had been derived from an open space reserved for a public road.
Towards mid-year, President Ruto pronounced intent to transfer powers to value land compulsorily acquired by the government from the National Land Commission to the Lands Ministry. An enabling amendment Bill, which is facing opposition from stakeholders, has since been tabled before Parliament for enactment.
As demolitions in Mavoko EAPC land made big news in October, Mr Njeru quietly left the Lands Ministry. Alice Wahome took over. The Mavoko demolitions gave way to news of the looming demolition of the developments illegally erected on Kirima land in Nairobi. The year closes with a blitzkrieg of proposed amendments to existing land laws, and the proposed increase to costs of services offered by the Lands Ministry.
