Questions abound on the legality of a title deed issued by President Uhuru Kenyatta for the proposed Bomet University College after both the National Land Commission (NLC) and Bomet County government said they were not involved in the process.
NLC, the body mandated by the Constitution to manage all public land, insists the procedure used to produce the title was irregular.
This is only a day after acting Lands Cabinet Secretary Fred Matiang’i dismissed as misleading and inaccurate claims by Bomet Governor Isaac Ruto that the title deed was illegal.
But yesterday, NLC Chairman Muhammad Swazuri said the procedure of reallocating the land as stipulated in law had not been observed. He said according to the law, the Bomet University management ought to have written to his office saying they had identified the land, after which he has to write to the county government, asking them if the land is available.
If the county government responds in the affirmative and has no objection, then NLC sends a team to survey the land and place beacons. Bomet County Assembly also has to approve the allocation for NLC to proceed with the registration of the land.
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After this, the process goes to the Director of Physical Planning for approval, publication of a change of user notice and preparation of Part Development Plan (PDP), before the process moves to the Chief Lands Registrar for registration.
“All the above processes were not followed,” Swazuri told The Standard from Nakuru while confirming he had received a complaint from the Bomet County government.
On Monday, Matiang’i said the governor’s claims 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 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 Bomet leaders.
“It is clear the title 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.
According to President Uhuru Kenyatta’s spokesperson Manoah Esipisu, the title is genuine. “The President does not give anything fake and that includes titles. If the governor believes his own story, then he needs to report to his local police station,” Esipisu told The Standard.
MERE PROPAGANDA
According to Matiang’i, the ministry acted following a request from the county leadership. “The leaders preferred that the land, which had been earmarked for a stadium and ASK grounds, be used for the construction of the university college,” he said.
But Ruto differed with the CS and asked him to familiarise himself with the law and stop acting as if he is living in the past and operating under the old constitution.
“The law is clear. Anything done without following due diligence is unconstitutional. Claims that the ministry acted on a petition from Bomet leaders without involving the county government is mere propaganda,” Ruto said.
He added: “The CS ought to have consulted the county government unless he was acting with ill motive. The land in question already has a stadium construction going on and we have already spent Sh100 million. Does it mean all this investment amounts to nothing in the eyes of the CS?”
The governor asked the CS to offer an unconditional apology to the President for misleading him to offer a ‘fake’ title deed.
“The CS was at fault. He should render a public apology to the President for engaging him in a fruitless exercise,” Ruto told The Standard on phone.
“If the NLC chairman himself has denied knowledge of the title deed, yet he is the one responsible for issuance of this document, it means the CS is trying to play politics with county issues,” Ruto argued.
According to section 14 of the Land Act, the NLC shall, before allocating any public land issue, publish or send a notice of action to the public and interested parties, at least 30 days before, offering for allocation, a tract or tracts of public land.
A letter seen by The Standard, which was received at the ministry on March 5, indicated leaders had agreed to have the university built in Bomet town and asked the ministry to consider the survey of the parcel and issuance of the title.
By May 10, President Kenyatta was dishing out the title, which now both Swazuri and Ruto are questioning, given the clear procedure outlined in the Land Act.
Those who signed the letter were Senator Wilfred Lesan, Sotik MP Joyce Laboso, Woman Rep Cecilia Ngetich, Ronald Tonui (Bomet Central) and Benard Bett (Bomet East).
Notably, the governor was not among the signees.
