108 title deeds at JKIA revoked

NLC vice Chair Abigael Mbagaya on Wednesday, December 19, 2018. / Ezikiel Aminga
NLC vice Chair Abigael Mbagaya on Wednesday, December 19, 2018. / Ezikiel Aminga

The National Land Commission has revoked 108 illegally acquired title deeds of the JKIA land.

The majority of the affected parcels have not been developed. Some have multimillion-shilling homes.

The titles’ revocation is the commission’s latest purge against land grabbers.

The NLC report, exclusively obtained by the Star, shows some parcels compromised the airport’s safety. Some are in the second runway.

For instance, L R No 209/14165 measuring 1.97 acres and L R No 209/14165 measuring 14.9 acres are on a flight path of the second runway.

Plots L R No 9042/45 and L R No 9042/46 are near the air side.

The Kenya Medical Supplies Agency was not spared. Its ownership documents of two plots – L R No 28465 and 28465 – were revoked.

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The Kenya Airports Authority complained to the NLC after discovering its land had been grabbed. The authority provides critical services such as check-in guidelines, passport control, immigration, issuance of visas and security regulations.

It has a presence at JKIA, Kisumu, Eldoret, Moi international airports and Wilson.

KAA holds a lease of 99 years for the JKIA land obtained in 1996.

The revocation comes a few days before the term of NLC ends. The commission’s term ends on Tuesday next week.

KAA had urged NLC to revoke the title deeds as they jeopardise security of flights.

The NLC recommended that all the long-term grants affecting the KAA land be cancelled or revoked and be replaced by short-term subleases.

“All private developments falling within the airport flight paths and funnels or located close to the strategic positions such as flight paths and the air side or any other locations deemed unsuitable, should be demolished,” the NLC said.

A sublease is an inferior interest to a lease.

Some groups have opted to sue. The Uungani Self-help Group and Mlolongo Brothers have instituted suits against KAA.

Those claiming ownership have a lease of 99 years from 1999.

During the hearing, KAA argued the land was public and reserved as airport. It was illegally and irregularly allocated to private individuals.

The KAA demonstrated that the airport land was reserved through lawful processes.

KAA said illegal excising and allocation of the JKIA land did not stop after it was issued with a title deed in 1996.

In 1999, the Commissioner of Lands alleged there were ‘errors’ during survey of the JKIA land.

During its submissions, KAA this assertion facilitated further acquisition of the JKIA land by private entities.

The NLC said: “There should be no compensation for land but where appropriate, KAA should offer the affected entities alternative sites on sublease basis.” The commission said the family of John Kathumba who laid a claim on parcel LR No 7075/3 should be compensated on the basis of a valid squatter claim on the land.

“KAA should compensate the family to facilitate resettlement elsewhere. The squatter’s continued stay on JKIA land is not tenable since it is close to the flight funnel and is a security risk to the airport operations.”

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