A petition has been filed before the Kisumu High Court seeking interpretation and direction on various legislations relating to physical and land use planning.
The petitioners want the court to give clarification and direction on the involvement of physical planners in designing and implementing subdivision and amalgamation scheme plans.
The case will be mentioned on February 2, 2024. In the suit filed on December 14, Lands Cabinet Secretary Alice Wahome, National Land Commission Chairman and Chief Land Registrar are listed as respondents.
Council of Governors chairman Anne Waiguru, national director of the survey, Attorney General Justin Muturi, director general physical planning and Devolution Permanent Secretary are also listed.
The petitioners and physical planners Moses Opiyo, Brian Abwaku and Ronny Cowino questioned the validity of title deeds that often result in subdivision and amalgamation of land without the involvement of registered physical planners.
They argued that the involvement of registered physical planners is the only sure way to facilitate controlled and coordinated spatial developments.
The trio want the court’s direction on the validity of the title deeds resulting from subdivision and amalgamation that are often processed and produced without the involvement of registered physical planners.
Through Sala and Mudany advocates, the petitioners further said physical planners have for the longest time been sidelined during the design of the schemes to advise the boundary line changes.
This, they added, is often done without approvals from relevant county governments, and want the court to give direction.
“The process is executed to completion without the engagement of registered physical planners and relevant approving authorities, contravening the constitution and legislations,” the petition reads.
They told the court that such actions are encouraging unsustainable developments as most settlements do not comply with various physical and land use development plans.
They also illustrated the extent of such exclusion is the reason various urban developments currently exhibit challenges such as urban sprawl, and slums resulting from the mushrooming of uncontrolled developments in the country.
The petitioners said the physical planners find themselves at the epicentre of failures resulting from uncontrolled developments of freehold lands in the country.
They said the control of land fragmentation is key to implementing county, city, and town physical and land use development plans that cut across all land tenure systems such as freehold, private, and public lands to achieve sustainable land use management.
The petitioners are praying that the court should declare that any subdivision, physical planning and land use of freehold land within the country where physical planners are not involved is invalid.
They also want the court to declare that the preparation and execution of all necessary documents relating to sub-division, physical planning and land use of freehold land within the country be done exclusively by registered physical planners.
The court, they prayed, should declare that any public officer who grants development permission or comments on an application for development contrary to the act or any law is guilty.
Opiyo, Abwaku and Cowino also prayed that such public officers should be imprisoned for a term of not less than five years or a fine of not less than Sh1 million, or both.
