Committee Queries Land Ownership In Boyani Settlement Scheme & Vipingo; lands CS Put To Task
Lands CS Zachariah Njeru
By: Waithaka Kariuki
Worth Noting:
- “We have squatters that have been allocated land, then sell and move elsewhere or use the courts to claim that they have been discriminated against. We need to identify genuine squatters in the country,” stated Nixon Korir PS, Ministry of Lands, highlighting the challenge of distinguishing between genuine squatters and those who exploit the system.
- Adding to the complexity of the situation, the Committee discovered that squatters had illegally sold their land. The Committee recognized that even if the land were to be reverted back to the squatters, the issue of the previous sales would remain unresolved. “Even if the land is reverted back to the squatters, what happens to the sale? However, the land was not available for sale,” pointed out Jane Kihara, Vice-Chair.
National Assembly Committee on Lands chaired by Joash Nyamoko, MP North Mugirango met with Mr. Zachariah Njeru, CS Lands, Public Works, Housing and Urban Planning and Nixon Korir, PS, Ministry of Lands regarding the Vipingo Land and Boyani Settlement Scheme in Kilifi County.
Members of Parliament sought clarification on the number of plots that were acquired by Mombasa Cement Ltd in Boyani Settlement Scheme, the details on the actual owners of the Settlement Scheme in Kilifi County and the number of squatters who have already occupied the Vipingo land in Kilifi County.
In his submissions, CS, Mr. Zachariah Njeru, informed Lawmakers that there were no records of plots directly acquired by Mombasa Cement Ltd in the Boyani Settlement Scheme. However, the Ministry did acknowledge the presence of plots acquired by Venus Metal Developers, who have placed caveats on all 85 parcels and whose Directors are linked to Mombasa Cement Ltd.
Kaloneni MP, Paul Katana raised alarm claiming that the entire Boyani Scheme had been fenced off, preventing beneficiaries from accessing their land. This brought concerns about coercion of the squatters and called for actions to revert the scheme to its original owners.
Regarding the details on the number of squatters who have already occupied the Vipingo land in Kilifi County. Documents scrutinised by the Committee on Lands revealed a surveyor’s report and a list of 223 owners of the Boyani Settlement Scheme.
However, the lack of proper records led Gideon Ochanda to question, “If the Ministry does not have records, who is expected to have them?” Members noted that this glaring gap in documentation raised concerns about the transparency and accountability of land transactions in the Boyani Settlement Scheme and other Settlement Schemes.
“We have squatters that have been allocated land, then sell and move elsewhere or use the courts to claim that they have been discriminated against. We need to identify genuine squatters in the country,” stated Nixon Korir PS, Ministry of Lands, highlighting the challenge of distinguishing between genuine squatters and those who exploit the system.
Adding to the complexity of the situation, the Committee discovered that squatters had illegally sold their land . The Committee recognized that even if the land were to be reverted back to the squatters, the issue of the previous sales would remain unresolved. “Even if the land is reverted back to the squatters, what happens to the sale? However, the land was not available for sale,” pointed out Jane Kihara, Vice-Chair.
“Any transfer that has been made on this land is irregular and contradicts the Section 6 Lands Act, which states that Settlement Scheme lands can only be transferred through succession and not by any other means,” emphasized the Mr. Zachariah Njeru, CS Lands in response to the irregular transfers witnessed in the Boyani Settlement Scheme.
Amidst these revelations, the Committee also delved into the action the Ministry is taking to resolve the matter of squatters occupying Vipingo Land in Kilifi County. The Cabinet Secretary revealed that the Ministry was unable to allocate funds to visit the area and profile the squatters however, the Ministry plans to undertake this exercise in the upcoming financial year of 2023/24.
Recognizing the need for comprehensive solutions, the Members of the Committee on Lands inquired about the Ministry’s programs to settle and support the scheme squatters, ensuring they can develop and utilize the land instead of selling it.
The Ministry of Lands confirmed that their mandate ends with the issuance of title deeds to squatters. This highlighted the gap in policy regarding infrastructure development and social economic support to squatters to make the land usable.
Throughout the proceedings, the legislators noted the Ministry’s challenges in record-keeping, interference from other government institutions, and confusion within its reporting structure. Consequently, Committee on Lands recommended that the Ministry streamline its operations and functions related to land records management and fully implement Section 6 of the Lands Act regarding Settlement Schemes.
The Committee further urged the Ministry to take a leading role in facilitating all land matters, including those related to major government projects such as the Naivasha Inland Ports, Dongo Kundu – Special Economic Zone and LAPPSET.
To address the concerns raised by the Committee, the Ministry of Lands assured them that an inquiry would be conducted to determine the true status of the missing land in Vipingo. The Ministry also committed to providing information on all government-owned land Delmonte, as requested by the Committee.
The Committee on Lands is expected to hold further meetings with the Ministry of Lands in the coming weeks.
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