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As Wamatangi remained unmoved on Wednesday, the Kenya Institute of Planners (KIP) also supported the demands, stating that the Kiambu County Government is justified in requesting Tatu City to surrender land for public use.
In a statement, KIP governing council emphasised that the reservation of land for public purposes and public utility allocation is mandated by the Physical and Land Use Planning Act (PLUPA) 2019 and Tatu City “cannot evade this provision’’.
“While we sympathise with the plea of Tatu City, we must underscore the importance of reserving land for public purposes and public utility allocations and subsequent surrender based on PLUPA,” said KIP president Fawcett Komollo.
Tatu City has accused Kiambu County Government of frustrating its development plans by failing to approve its master plan and demanding free land to do its projects.
But on Wednesday, Komollo explained that PLUPA and “its attendant regulations” stipulate that in any planned scheme, reserved land for access, public purposes and public utilities should account for “anywhere between 35 and 50 per cent.”
“These reservations and subsequent surrenders are meant to improve the amenity space and sustainability of comprehensive development.
‘‘A certain percentage should be surrendered to the State in conformity with the legal provisions,” he added.
In an advisory to investors, developers and the public, KIP stated that reservations and surrenders of land for public use are non-negotiable and are mandated by law.
“Reservations and subsequent surrenders of land for access, way leaves, public purposes or public utilities in any comprehensive mixed-use development are not negotiable. Such reservations must comply with the law,” KIP stated.
Affirming his earlier stance, Governor Wamatangi said his position on Tatu City remains unchanged despite resistance from the private developer’s management.
Speaking in Gatundu South, the governor reiterated that the Kiambu County Government aims to secure the interests of its residents by ensuring that Tatu City reserves land for hospitals, schools, police stations, stadiums and other social amenities.
He explained that private developers are required by law to surrender part of their land for the construction of public facilities.
One instance, he said, is when a private developer is selling and subdividing land to create a community. The law requires that they surrender part of the land for constructing public amenities.
The law states: “Where required by the County Executive Committee Member, suitable and adequate land shall be surrendered 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.”
Public purpose is defined as land designated for use by the public for any public purpose, including public buildings, schools, libraries, hospitals, factories, regional institutions and public housing. Public purpose also includes housing for public or civil servants.
The county, according to correspondence seen by The Standard, has requested from Tatu City, as a condition for the review and approval of the master plan, the reservation and utilisation of 54 acres of public amenities.
The other instance of surrender of land is when the national government wants to build infrastructure such as roads, railways or dams.
The Land Act allows for the compulsory acquisition of land where these projects will be situated. In this case, the government will pay for the land through Land Acquisition Act.
The county said what it is making is “legitimate demand” based on PLUPA, and Physical and Land Use Planning regulations of 2021.
The regulations also require private developers dealing with land, regardless of whether it is private, to allocate parcels of land for public facilities.
While the county government insists that Tatu City must cede some land for public utilities to benefit locals, Tatu City has accused Governor Wamatangi’s administration of frustrating its development plans.
Tatu City’s Chief Operating Officer Preston Mendenhall said they have been following up on the approval process since last year.
During a press conference, Mendenhall said that “there is no legal basis or procedure for Tatu City to surrender land to Kiambu County – unless the county pays for it at the current market value”, which is approximately Sh4.3 billion.
“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.
The Standard Group Plc is a multi-media organization with investments in media
platforms spanning newspaper print operations, television, radio broadcasting,
digital and online services. The Standard Group is recognized as a leading
multi-media house in Kenya with a key influence in matters of national and
international interest.
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