If your business or establishment sits on public land belonging to Nairobi county, an investigation may soon disrupt your operations and could lead to eviction, should a new motion before the county assembly pass.
The motion, tabled by Kibra’s Lindi MCA Ochieng’ Jera, seeks to initiate a wide-ranging probe into how public land and open spaces are being used.
It specifically targets parcels originally reserved for schools, hospitals, recreational facilities, playgrounds, markets and other essential public amenities.
In presenting the motion, Jera notes that Article 67 of the Constitution of Kenya establishes the National Land Commission and assigns it the responsibility of managing public land on behalf of both national and county governments.
The same constitutional provision empowers the NLC to investigate present and historical land injustices and recommend appropriate redress.
Despite these constitutional safeguards, Nairobi has witnessed the irregular allocation, illegal occupation and unauthorised development of public land meant for community use.
The MCA expressed concern that public land and open spaces reserved for the development of essential public amenities have been irregularly allocated, illegally occupied, or developed by private individuals and entities, denying residents access to essential services and impeding the county government’s ability to implement critical development projects.
Continued grabbing and encroachment undermines urban planning frameworks, violates land use regulations and contributes to the deterioration of service delivery in sectors such as education, healthcare and sanitation.
Jera added that public amenities form the backbone of service delivery in any urban setting and their disappearance or distortion affects large sections of the population.
He noted that irregular developments not only interfere with the physical layout of city estates and neighbourhoods but have also created gaps in the distribution of essential services, especially in densely populated areas where land is already scarce.
The problem has persisted for years, contributing to delays and frustration when the county attempts to set up new schools, expand hospitals, improve sanitation infrastructure, or provide recreational spaces.
“…, this assembly urges the county executive in conjunction with National Land Commission to conduct a comprehensive audit and investigation on all public land and open spaces in Nairobi City County that have been irregularly allocated, occupied, or developed in the county; and publicly share the outcomes of the investigations and table a comprehensive report with recommendations to the relevant national and county government institutions including the county assembly for further action,” the motion reads.
It also seeks action to recover any parcels where wrongdoing is confirmed, whether the irregularity originated through the commission, county offices, or court processes. The intention is to restore such land to its designated public use.
The assembly is expected to consider the motion in upcoming sittings, as attention turns to the broader question of how Nairobi’s remaining public spaces can be protected from further encroachment.
