The controversy surrounding the title deed issued by President Uhuru Kenyatta for land for the construction of the proposed university college in Bomet yesterday took a new twist when the Government insisted that it was genuine.
Acting Lands Cabinet Secretary Fred Matiang'i dismissed as misleading and inaccurate claims by Bomet Governor Isaac Ruto that the title deed was illegal.
Matiang'i said claims by the governor that the document was illegal should be ignored as due process was followed in processing the title.
The Cabinet secretary said the title was issued in line with the stipulations of Section 107 (1) and (2) of the Land Registration Act.
He said the ministry had prepared titles for Bomet Town Parcel 307 and 308 for establishing the university college on the basis of a request done by the Bomet County leaders.
"It is clear that the title deed is valid and that the law was followed. The claims attributed to the Bomet governor are therefore inaccurate and misleading. They should be ignored," said Matiang'i.
The Cabinet secretary said that after receiving the request by the county leadership, the ministry undertook a survey of the parcels that had been earmarked for a stadium and Agricultural Society of Kenya (ASK) to facilitate issuance of the title for the upcoming institution.
"The leaders preferred that the land which had been earmarked for a stadium and ASK be used for the construction of the university college," he said.
A letter seen by The Standard, which was received at the ministry on March 5, indicated that leaders had agreed to have the university built in Bomet Town and asked the ministry to consider survey of the parcel and issuance of the title.
Those who signed the letter were Senator Wilfred Lesan, Sotik MP Joyce Laboso, Women Representative Cecilia Ngetich, Ronald Tonui (Bomet Central) and Benard Bett (Bomet East). Notably, Governor Ruto was not among the signees.
Ruto, who has been pushing for the university to be put up in Siongoroi, Chepalungu Constituency, 50km from Bomet Town, has written to the National Land Commission (NLC) protesting the issuance of the title and has termed the process illegal.
"The said title purportedly issued by the County Government was done without the knowledge of and involvement of the county government of Bomet," he said in a letter signed by the County Attorney SK Keter.
He claimed the title was issued without regard to the Constitution and provisions of the National Land Commission Act.
The letter was sent to the commission a day after President Kenyatta issued the title deed at the Bomet Green Stadium.
NLC Chairman Muhammad Swazuri also said his office was not involved in the issuance of the document.
Ruto yesterday insisted the county government was not consulted on the matter and accused Matiang'i of engaging in "public propaganda".
"That land was earmarked for a stadium and already the county government had committed Sh100 million to that project. Is the Cabinet secretary saying that the project by the county administration was not necessary?" Ruto posed.
He insisted that it was wrong for the process to be undertaken without the involvement of NLC.
"The sections of the Land Registration Act that the CS is quoting does not give him express powers. He must first seek the approval of the land commission," he said.
Debate over the university land has further deepened rifts in the county with a section of leaders allied to the governor calling for withdrawal of the title to allow for consultations. On the other hand, MPs led by Senator Lesan have defended the manner in which the title deed was acquired by the Government.
Former Bomet Mayor David Sang and Segemik Parish Catholic priest Ambrose Kimutai said since the procedure of acquiring the title was questionable, it is prudent to have it withdrawn and voters in the county allowed to decide where the institution will be located.
Kimutai said the decision by the national government to issue a title deed without the knowledge of the county leadership was wrong.
"It was misleading for President Uhuru to issue a title deed for a land that the county government is holding trust without its knowledge in a clear political scheme at the expense of the institution that is set to benefit members of public. NLC should therefore revoke the title deed with immediate effect," the priest said.
Kimutai said it was unfortunate that the President had been drawn into political supremacy wars between his deputy William Ruto and the Bomet governor over the issue.
Sang said the issuance of the title deed was a politically choreographed to silence the vocal governor.
"The Government wanted to use the title to silence governor Ruto for being vocal against the deputy president and national government over devolution matters," he said.
