About 70% public schools lack title deeds

Most public schools in the country are exposed to land-grab because they lack title deeds.

Statistics from Shule Yangu Alliance and the Ministry of Lands indicate that only 30 per cent of public schools have land titles.

On November 13, 2018, President Uhuru Kenyatta directed the Ministry of Education to restore the ownership of all church-owned land where schools sit to their rightful owners.

A report titled ‘Position Paper on Sponsored Schools’ highlights the long-term effects of having the title in the sponsor’s name and schools losing the title to sponsors.

Of 23,627 schools audited, only 4,256 are titled, while another 3,965 require transfers from county government ownership.

In nine counties, no school has a title deed. They are West Pokot, Marsabit, Isiolo, Turkana, Elgeyo Marakwet, Samburu, Tana River, Garissa and Mandera.

Some 15,925 schools in the country lack title deeds, accounting for 67 per cent of the total.

Bomet county has the highest number of schools with title deeds at 458 out of 972, followed by Bungoma (255) and Siaya (255).

Speaking during the launch of the report, Charles Wafula noted that most sponsored schools receive funding from the government, making them government property.

“The problem at hand is whether these schools remain property owned by the sponsors or the funding makes them government-owned,” Wafula said.

An example of such a puzzle is facing St Theresa’s Primary School in Kakamega. It is sponsored by the Catholic Church but funded by the government. This begs the question: Does the land belong to the Catholic Church or the government?

Wafula noted the risk of letting the land titles remain in the ownership of the sponsors or an individual. He said a sponsor might use a title deed as collateral for loans and later a school is auctioned.

He cited a school in an informal settlement in Nairobi that was auctioned after its sponsor (a politician) failed to pay a borrowed loan.

Some sponsors also tend to change the designation of an institution once they feel it’s not making enough returns.

"If the stand-off between the government and the sponsors on ownership and management persists, the latter in whose name the school’s title is will possibly convert the institution into a private school," the report reads. 

The most common shift is changing a public school compound into a rental or businesses location.

Sponsors also tend to limit the space in a school compound, denying children a spacious playground.

The report further clarifies that a government school cannot operate on private land.

A decision has to be made to shift the school land to the government and title it appropriately or have sponsors convert the schools into private enterprises.

The Basic Education Act (2013) directed churches to choose whether to remain as supporting cast in public schools, or open private schools.

In the latter, they are sole proprietors with 100 per cent ownership and control of the management of schools. 

Currently, the Ministry of Education has exclusive ownership of all public schools. This is seen through their unmatched role in financing, deployment of personnel, training, management and remuneration.

The ministry also determines which curriculum is used and Kenya National Examination Council is mandated to administer tests.

The title deed for the controversial Lang'ata Primary School grounds could still be in the hands of a private developer.

Other schools in Nairobi that were at risk of land grabbing by 2018 were Buruburu Girls, Thigiri Ridge Nursery School, St Catherine's Primary, Martin Luther Primary, Kamukunji and Lang'ata secondary schools.