Uhuru Kenyatta gave out illegal title deed for varsity, Bomet Governor now says

President Uhuru Kenyatta presents a title deed to Rift Valley Regional Commissioner Osman Warfa for parcel of land where Bomet University is set to be constructed. [PHOTO: FILE/STANDARD] 

KENYA: Bomet Governor Isaac Ruto has claimed President Uhuru Kenyatta issued an illegal land title deed for a proposed public university.

Mr Ruto has protested the issuance of a title for the construction of Bomet University College, saying the process was illegal and fraudulent. And, he wants state officers who prepared the document charged.

This is likely to intensify political battles in the county where factions support the construction of the university at different sites. The county government says it had set aside 100 acres in Siongiroi about 50km out of Bomet town but MPs in the county are pushing it be set up at the controversial land.

"I don't know if the title he gave was done by the National Land Commission (NLC) which under law is supposed to manage public land on behalf of county governments. If indeed NLC endorsed the title, then that is abuse of office since we were not involved," he told The Standard.

And speaking on phone, NLC Chairman Muhammad Swazuri said he was not involved in the issuance of the title.

"The NLC was not involved in the issuance of the title for Bomet University," he said.

Ruto has made a formal complaint to the NLC on the title that was issued on May 10 by President Kenyatta during a fundraising in aid of AGC church at the Bomet Green Stadium.

"The said title purportedly issued by the county government was done without the knowledge of and involvement of the County Government of Bomet," read a letter signed by Bomet County Attorney S K Keter.

He said the title was issued without regard to the Constitution and provisions of the National Land Commission Act.

According to the county government, the process of issuing the title was irregular since it requires approval from the Bomet County Land Management Board, which is yet to be constituted, and was done without preparation of survey plan, deed plan and Part Development Plan.

Ruto's administration also says the title was prepared without a notice of change of user, public participation and approval from the county executive.

The complaint letter was sent to the commission a day after the President issued the title.

An official search at Bomet Land's office established that the land, which the President gave to the university, has two different titles.

According to the letter, one parcel was reserved for Bomet Stadium and another for the Agriculture Society of Kenya (ASK), but has now been amalgamated to one parcel.

The stadium is under construction and is scheduled for completion on or about June 2016.

"The construction of the stadium is at an advanced stage and so far Sh100 million has been spent. A section of the land was also reserved by the defunct County Council of Bomet to compensate a family displaced by the construction of the Bomet Airstrip," the letter read in part.

Illegal directives

Ruto said the move to allocate the land in Bomet town was meant to frustrate the county government. The governor wants the Commission on Administration of Justice and the Law Society of Kenya to investigate the conduct of top officials at the Ministry of Lands over the transfer.

The officials Ruto wants investigated include Lands Secretary Peter Kahuho, P N Muriithia and suspended Chief Lands Registrar Sarah Mwenda.

The letter said the purported transfer or allocation is a violation of Article 62 (2) of the Constitution which provides that public land shall vest and be held by the county government in trust for the people resident in the county and shall be administered on their behalf by NLC.

"The said transfer was done under illegal directives of officials from the Ministry of Lands in total violation of the Constitution and laws of Kenya," he said.

He argued that there was no transparency, accountability and participation of the people of Bomet in the activities he termed as underworld.

The governor attached documents from the secretary of lands in which he directed the local Registrar of Lands Jotham Ngeno to ensure the leased land was registered by May 6.

Another document by P N Muriithia directed Ngeno to register leases for LR no 307 and 308 under Treasury Cabinet Secretary. The whole process of transfer of the land seems to have taken less than a week.

Ruto said the officials involved violated the Constitution on values and principles of public service on accountability for administrative acts.

The move to issue the title was seen to be political and aimed at fighting the governor and the county government that was opposed to the site. He also wants NLC to direct the registrar to revoke the said Certificate of Lease.