News 2005

Land inspections suspended

KENYA TIMES
29. Oct. 2005
By BENSON AMOLLO

THE government yesterday suspended with immediate effect inspection of land registers and other related documents, citing rampant forgeries and frauds.

In a press statement the Ministry of Lands and Housing further announced the review of the administration of land survey records for the release of deed plans and that sole custodianship of such documents had been granted exclusively to the Commissioner of Lands.

This order comes barely two weeks after the President released title deeds to the Ogiek community who have been confined to the forests since independence in what has been viewed as a rare gesture of generosity.

Proponents of the No group interpreted the President’s gesture as designed to win support for the Yes vote at the November referendum.

The Ministry’s Public Relations Officer, Mary Ngaruma, said the directive is also intended to keep land records secure for the ongoing computerisation programme and that anyone seeking to conduct personal inspection of registers, should apply for an official search.

She further disclosed that all applications for official searches will not be considered unless they are backed by a copy of the national identity card, full names and signature of the applicant, post office address and the applicant’s pin number.

Ngaruma said that the searches will, however, be conducted as mandatory, upon application and payment of official fees by an applicant.

“While personal inspections of land registers and other related documents are discretionary, official searches are mandatory upon application and payment of official fees by any person.”

The searches are conducted under the Government Land Act, Cap 280, the Registration of Titles Act, Cap 281, the Land Titles Act, Cap 282 and the Registered Land Act, Cap 300, under sections 127 of Cap 280, 79 of Cap 281, 80 of Cap 282 and 36 of Cap 300.

The ban is likely to be viewed by critics as aimed at individuals recently resettled by the government but have turned against an earlier promise to vote for Yes during the referendum. Members of the Ogiek community stunned the country last weekend when they publicly announced that they would not vote in support of the draft despite having been issued with title deeds.

According to members of the community, it is the government’s duty to issue its citizens with title deeds.

The move also comes in the wake of a decision by the government to resettle thousands of the landless in parts of Rift Valley, a gesture that has been described by a section of Orange members as aimed at bribing voters ahead of the referendum.The beneficiaries of the government’s land give-away include 12,000 Ogiek families who the President will give title deeds in Tinet Forest in the Rift Valley before the plebiscite. Other beneficiaries are evictees from Mau forests. The state has promised to repeat a similar gesture in Ngong, Kajiado and Narok where thousands of families having been residing without title deeds. Among the organisations that have questioned the government’s resettlement plans are the Orange team (politicians campaigning against the referendum), on of Jurists (ICJ), among others.

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