This reliance on manual documentation has significantly hurt the lives and livelihoods of countless Kenyans. These systems are inherently prone to errors, inconsistencies, and manipulation, allowing corrupt officers to forge titles and alter records for personal gain.
As a result, genuine landowners often find themselves entangled in protracted legal battles to reclaim their property, facing substantial financial burdens and emotional distress, and frequently losing their land. This widespread uncertainty surrounding land ownership has stifled investment, hampered economic development, and perpetuated social inequality in Kenya.
Thousands of cases have emerged where fraudsters have illegally sold land to multiple buyers or sold land that did not belong to them. This issue is particularly rampant in urban areas near Nairobi, such as Kitengela, Rongai, Mlolongo, Katani, and Kiambu, where people have lost their entire savings to fraudulent schemes. Mombasa has its own land conflicts, many of which stem from the colonial era.
Illegal settlements in areas like Kibarani, Bangladesh, and Likoni mirror the issues seen in Nairobi. Many Kenyans, who have had nothing to their name except land inherited from their ancestors, have lost it to fraudsters or have been involved in expensive, time-consuming court cases, often resulting in eviction from their own land or areas of birth.
The demand for titles and guaranteed tenure has been a cry from many who live as squatters, facing eviction threats.
Public land grabbing has also been extensive. In one of Kenya's most high-profile cases, several public officials were implicated in the illegal allocation of public land in the affluent Karen neighbourhood of Nairobi. This scandal involved land intended for public use, including roads and recreational spaces, being allocated to private individuals and developers.
In 2018, some residents of Nakuru County were shocked to discover that their land had been fraudulently sold to unsuspecting buyers. Fraudsters, in collusion with corrupt land officials, forged land documents and transferred ownership illegally — just one among many such cases across the country, illustrating how difficult it is to safeguard property rights.
In 2021, William Ruto, while seeking the presidency, promised to resolve Kenya's land problems and support squatters. Under the leadership of Principal Secretary Nixon Korir, the Department of Lands and Physical Planning has undertaken a multifaceted approach to comprehensive land reforms. These efforts include developing a new land policy, modernising the land registry system, digitising records, and implementing robust mechanisms for verification and authentication. The registry in Nairobi is now fully digitised.
To address entrenched corruption in land offices, Korir has promoted the development and augmentation of a cashless system, which offers numerous benefits such as convenience, efficiency, transparency, cost savings, security, and financial inclusion. The department has effectively addressed challenges hindering the automation of land services, particularly concerning the Ardhisasa system.
Upon the inauguration of the Kenya Kwanza Government, stakeholders in the land sector, including lawyers, bankers, and surveyors, raised concerns about the functionality of the Ardhisasa platform — an online system for accessing land-related services. These concerns were due to difficulties experienced during the system's development and the concurrent digitisation of land records.
PS General Nixon Korir promptly engaged with stakeholders in the land sector, initiating a series of consultations to address the identified challenges. These consultations, conducted over several months, successfully resolved the issues, satisfying stakeholders with the system's operations. Notably, on August 5 of the previous year, key figures such as the President of the Law Society of Kenya, the Kenya Bankers Association, and the Institution of Surveyors of Kenya publicly endorsed the reforms achieved at Ardhi House.
Subsequently, the Ardhisasa system has been functioning smoothly, particularly in Nairobi, where all land records have been digitised, facilitating end-to-end land transactions. Efforts are underway to gradually extend the full automation of land-related services to all other parts of the country, with imminent launches planned for Murang'a and ongoing digitisation efforts in Isiolo and Mombasa.
To support the efficiency of land offices across the country, the State Department has provided essential equipment, including computers and internet modems, ensuring improved working conditions. Furthermore, staffing in crucial departments, such as Land Valuation, has been bolstered, and comprehensive training programmes, including Change Management training in collaboration with the UN Food and Agriculture Organization, have been conducted to enhance staff performance and efficiency.
The State Department has also made significant strides in the National Titling Programme, issuing 472,785 titles in the past year. Recognising the department's role in revenue generation, the Kenya Kwanza Government has enhanced its budget, allowing it to utilise revenue generated for its recurrent expenditure. Moreover, to address issues of land speculation and distorted land valuation, the department is developing a National Land Value Index and recruiting additional Land Valuers.
In alignment with the government's directive for cashless revenue collection, the State Department implemented a Cashless Revenue Collection policy, later transitioning to Ardhi Pay, facilitating seamless digital payments through the Ardhisasa platform linked to e-citizen. These initiatives have not only increased revenue collection but have also contributed to the department's efforts to combat corruption and streamline service delivery.
Despite the persistent challenge of corruption, the State Department's proactive measures, including digitisation, automation, and enhanced security measures, have significantly curtailed the influence of cartels in the land sector. Collaboration with the Directorate of Criminal Investigation further reinforces efforts to combat land fraud and corruption, ensuring the integrity of land transactions and service delivery.
The new land policy for Kenya, under development since 2022, is sorely needed to replace the one developed in 2009 before the 2010 Constitution and which lapsed in 2019. The older policy was developed before the current constitutional dispensation. The new one, which is currently at the public participation stage, will address current challenges more effectively, promote transparency and good governance, and ensure sustainable land use practices. It will incorporate lessons learnt and adapt to evolving needs to stimulate socio-economic development, enhance environmental conservation efforts, and promote social equity and justice in the country's land sector.
Political commentator
