The rise in population in Kisii county is putting pressure on land, thus making the rich class take advantage of the poor to either steal private land or grab public land.
The high demand for land to carry out investments in real estates and settlements has also triggered serious competition for land. The issue is an emotive affair in the region, and thus some individuals are using all means to acquire land because of its appreciating value.
In June 2016, National Land Commission chairman Mohamed Swazuri said Kisii was ranked among the counties where land grabbing is rife.
For instance, during his four-day visit, Swazuri identified Kisii Fire Station, vocational and rehabilitation Centre in Nyanchwa, land meant for governor’s residence, Daraja Mbili Secondary school, Agricultural Finance Corporation and Oresi Level-4 Hospital as among the public grabbed by individuals.
Even though the commission gave those who illegally acquired grabbed and built on public land two weeks to willingly vacate, businesses is as usual.
The demand for land has led to the emergence of cartels who steal or grab and sell land to unsuspecting buyers, thus fuelling ceaseless court disputes, conflicts and
murders.
We have since established that land disputes overwhelm courts and, in some cases, cartels collude with land officers to alter genuine documents and replace them with fake ones before the process of digitisation came.
Information from the Kisii High Court Civil Registry indicates that the Land and Environment Court has a backlog of 344 pending land cases.
The cases, which range from 2013, are overwhelming Justice John Mutungi, who handles one or two cases a day.
In order to speed the hearing and determination of the cases, the court currently handles cases which are above Sh20 million. The rest, which are below Sh20 million, are being handled by the lower courts.
An officer at the registry, who documents the cases, told the Star that they have since requested Chief Justice David Maraga to appoint a judge to
handle such cases in Nyamira instead of one judge handling them in Kisii.
Rachael Otundo, a valuation surveyor, said: “To stop stealing and grabbing of public land, then those charged with the responsibility of identifying, approving, processing and issuing tittle deeds must be held responsible.”
Adding: “Without collusion with such officers, then the cartels cannot thrive. People have lost lives because of trying to protect their land from grabbers.”
JUDGE TACKLES FRAUD
One tactic the land-grabbing cartel uses is disinheriting families from their ancestral land through fraudulent acquisition of court orders and letters of grant.
To stem the trend, Kisii resident judge David Majanja has introduced stringent measures.
In a comprehensive memo seen by the Star, Justice Majanja directed all paralegal staff, magistrates and judges to implement a new policy that will guarantee the integrity of court documents, particularly succession matters.
The judge directed that all documents, such as orders, decrees and letters of grants of representation, originating from the lower and High Court, should be codified with a unique serial number, whose copy shall be kept in a special court register managed by magistrates and judges.
The judge also directed Kisii land registrar Steve Mokaya to ensure that any letters of grant presented in his office are thoroughly scrutinised to verify authenticity, by counterchecking against the serial numbers and codes of those kept in court registers.
The memo, titled, "Anti-corruption and Fraud Prevention Measures", was dated July 2, 2018, and signed on behalf of Justice Majanja by the deputy registrar of the High Court.
"Attention has been brought to the Presiding Judge about the issues of fake/fraudulent court orders and certificates of grant of representation in the courts under his jurisdiction,” reads the memo.
Justice Majanja also introduced a special form to be used by beneficiaries of a succession process to apply for certification of the letters of grant.
Court typists are required to endorse their initials on every grant or court order they type. In addition, every grant of letters of representation must bear the name and signature of the judge or magistrate issuing it.
The judge also ordered the creation of grant collection desks both in the lower and High Court registries.
The judge emphasised that judges and magistrates should not issue any decrees that change the status of land, unless there is a recent land search certificate, in accordance with the Civil Procedure Rules.