The Institution of surveyors of Kenya (ISK) has expressed its concern about the manner in which the Lands and Urban Development Cabinet Secretary is conducting the affairs at the Ministry.
While speaking to the press, Stephen Ambani, the ISK Chairman, said that double titling of land is a disturbing issue in Kenya and needs to be tackled in an amicable way. This will help bring an end to land disputes, adding that the solution to the problem is keeping sustainable statistical records.
“Our attention has been further drawn to media reports about a tussle over a piece of land in Muthaiga North. The reports allege that official documents on the disputed property have got two survey plans and two separate deed plans and consequently two titles,” he said. “It therefore puzzling how the transactions cannot be tracked. Deed plans and registrations maps support registration where approval of transactions have been accorded and support registration as a process, therefore conferring title using these registration maps should have been preceded by a series of transactional process. Therefore, the assertion that ownership cannot be established raises a lot of question,” said Ambani.
“Such developments cause a lot of discomfort in the sector especially since they are coming hot on the heels of land reforms in the country. They do not serve to instill confidence in the institutions that we have been entrusted to facilitate land transactions and safeguard the sanctity of title deeds. It is bound to scare away potential investors in the land and property sector in this country,” he added.
The institution also complained about closure of 13 Land Registries without been given adequate notice. “Our estimation is that the closure for the so called minimal operations at the registry for two months will cost the country’s economy close to Ksh. 4 Billion. Out of these Ksh. 2 Billion will be revenue due to the Government in the form of stamp duty. The rest will be income to the registries, revenue to other departments in the Ministry, Capital Gain Tax and fees payable to the relevant professionals,” the chairman said.
Ambani was keen to point out the institution’s concern about the Cabinet Secretary’s operations. “We are concerned about haphazard and unilateral manner in which the CS has gone about this process, which in our view is unlikely to achieve the intended objectives, our view is that the land information system is an elaborate process that requires wide consultation and planning prior to the implementation,” he said.
The ISK Chairman also mentioned that the reconstitution of land boards did not go as promised. He lamented that Jacob Kaimenyi failed to honor his pledge, as he promised to appoint a new board in two weeks after initially disbanding it. The Land Control Boards was sent packing in April 2016 by Land CS Jacob Kaimenyi, in order to curb wide spread corruption in the sector.
Asked about measures that have been taken to address the decelerating of the Standard Gauge Railway (SGR) construction by hiking land prices, he said that proper structures have already been laid to tackle the problem.
