Kiambu County wants Tatu City to set aside public utility land

A row has erupted between Kiambu County government and Tatu City over the delayed approval of the investors’ development master plan.

While the county government insists that Tatu City must cede land for public utilities, the foreign investor has accused Governor Kimani Wamatangi’s administration of frustrating their development plans.

Tatu City Chief Operating Officer Preston Mendenhall said they have been following up on the approval process since last year.

During a press conference, Mendenhall insisted that “there is no legal basis or procedure for Tatu City to surrender land to Kiambu county – unless the county pays for it.”

“Adhering to Kenyan and international best practices in urban planning, the Tatu City Master Plan has 103 acres of land set aside for ‘public purpose’ use. We are not in a position to give free land as demanded by the County Government,” said the official.

He displayed documents to show the approval process they followed for the new Master Plan, stating that the same had been submitted to the Ministry of Lands and Physical Planning for initial review before being taken to the county government.

“An elaborate process was undertaken, including multi-stakeholder interaction with national and county offices, as well as public participation. All stakeholder feedback was addressed in the amended Master Plan,” said Mendenhall.

On Thursday, Governor Wamatangi clarified that the Kiambu county government was requesting land from Tatu City solely for public utilities.

“Contrary to their allegations, my administration is not seeking land for personal or individual use. Our track record on public land speaks for itself. As governor, I have consistently prioritised the protection and proper utilisation of public land, and this is a stance that I will not bend or compromise,” said the governor.

“The Land Registration Act, 2012 explicitly states that land surrendered for public purposes shall be registered in the name of the county government or the Cabinet Secretary responsible for finance matters. Therefore, it is insincere for the Tatu City management to claim that we are seeking land for individual use,” he added.

Wamatangi noted that Section 107 of the Land Act that was referred to by Preston several times provides for situations when Government intends to compulsorily acquire land for infrastructural development.

“This section, therefore, is not applicable in the present circumstances, where a developer like Tatu City seeks development permission to review their master plan,” he said.

He said the county government was within its right to demand land for public utilities in the expansive scheme for the sake of the residents.

The County Executive Member for Lands, Housing, Physical Planning, Municipal Administration and Urban Development, Salome Wainaina, said the allegations made by Tatu City Management “are aimed at blackmailing the county government into ceding its position on the surrender and reservation of land for public use.”

“The county government has requested Tatu City to reserve land for public use, to build public amenities for the benefit of locals living in and around the Tatu City development, in accordance with the Physical and Land Use Planning Act 2019 (PLUPA) and the Physical and Land Use Planning (Development Permission and Control) (General) Regulations 2021,” said Ms Wainaina.

She said there were public correspondences in which the county had clearly stated what the reserved land was intended for.

The CEC revealed that the requested public amenities include 10 acres for social housing to cater to low-cadre workers operating within the industrial park and residential areas, such as those working in the industries, housekeepers, cleaners, security personnel and their families.

Additionally, she said, 44 acres have been requested for a stadium (24.7 acres), community centre (7.2 acres), social hall (5.3 acres), hospital (4.8 acres) and administration offices (2 acres).

“Also requested are two acres for the construction of the governor’s official residence, which is a requirement of the law and the Salaries and Remuneration Commission (SRC) regulations,” said Wainaina.

The CEC noted that the Physical and Land Use Planning Act and its operational regulations require private developers dealing with land, regardless of it being private, to allocate parcels of land for public facilities such as schools, hospitals, fire stations, and recreation areas, among others.

“Part IV Section 8 (1) of PLUPA states: "Subdivision schemes under regulation 7 may be subject to the surrender of land for public use in accordance with Section 58 and Paragraph 7 of the Schedule to the Act.”

Section 8 (2) states that: "Where required by the County Executive Committee Member, suitable and adequate land shall be surrendered by the applicant at no cost to the county government for open spaces, amenities, recreational facilities, road reserves, a public purpose relating to the area to be subdivided, or for road widening.”