NLC shocks land owners with title deed purge

The National Land Commission (NLC) recently shocked property owners by revoking over 2,000 title deeds of public utility land acquired fraudulently countrywide.

NLC Vice Chairperson Abigael Mbagaya Mukolwe announced that 2,400 title deeds had been revoked.

Mbagaya warned individuals still holding illegally and irregularly-acquired public land to surrender it before the commission cracks the whip.

National Land Commission Chairman Muhammad Swazuri (left), displays a title deed he received from a private developer at the Kenya School of Government in Mombasa. NLC recently announced that it is revoking over 2,000 title deeds of public land fraudulently acquired. (PHOTO: OMONDI ONYANGO/STANDARD)

Many investors will feel the pinch if the commission decides to cast its net wider. For instance, the Report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public Land says that over 200,000 title deeds are in the wrong hands.

The commission, popularly known as the Ndung’u Commission (after its chairman lawyer Paul Ndung’u), recommended cancellation of all illegal title deeds on a case-by-case basis.

The Narc government appointed the commission on June 30, 2003 to investigate the illegal and irregular allocation of public land countrywide.

 Recommendations

Other land commissions that have been set up in the past include the Parliamentary Committee on Coastal Land Problems (1966) and Njonjo Land Commission on the Land Law System of Kenya (1999).

If implemented to the letter, the recommendations of the commissions could greatly help in resolving the land dilemma.

For instance, State corporations are among the worst-hit victims of land and property grabbing. According to the Ndung’u Report, property belonging to State corporations that has been illegally acquired should be repossessed by the Government and their title deeds revoked.

The Government should also repossess all illegally-acquired public utility land purchased by State corporations.

Settlement schemes that were illegally allocated to public officers, politicians and many others at the expense of the landless were also recommended to be revoked.

However, it is not all doom and gloom as the NLC vice chairperson also announced that the commission is in the process of regularising some titles – mainly for learning institutions.

The commission, which is currently taking stock of public land countrywide, may be acting in line with both the Constitution and Land Act.

According to the Land Act, fraudulent transfer of property is no longer easy, especially for those who have perfected the art. According to Section 158 of the Land Act, any public property obtained through corruption is illegally held.

Certificate of ownership

And the corruption mentioned includes obtaining a building or land through a Government official who may issue a certificate of ownership. The law further explains that such property transactions would be illegal from inception and considered null and void.

Unlike the traditional laws on property, the Land Act openly describes illegal transactions, which include transactions entered into by parties who in the past of have been convicted of fraud.

Others include property transactions that result in interdiction or retirement of a Government official in the public interest on grounds of graft.

A court of competent jurisdiction can also rule that a property transaction is fraudulent and revoke the deal. Moreover, anyone found in possession of public property obtained through a corrupt transaction can be forced to forfeit it to the Government without compensation.