MPs oppose construction of government office complex on land without title deed

Legislators have questioned the government’s decision to construct a multimillion-shilling office complex on a parcel of land that it has no ownership documents saying it potentially puts public funds at a greater risk of abuse.

The matter has already been flagged by Auditor-General Nancy Gathungu in an audit on the accounts of the State Department for Trade for the 2021/22 financial year before parliament.

The State Department owns the Weights and Measures complex in Nairobi’s South C area, which is built on a parcel of land estimated by the auditors to be seven acres but whose value they could not confirm.

Trade Principal Secretary Alfred K’Ombudo, while confirming the auditors’ fears, admitted before the Public Accounts Committee (PAC) of the National Assembly that his department has no ownership documents over the land even as he insisted that it’s government land.

“It is true that the State Department owns the Weights and Measures complex, which is built on the land of unknown value. It is also true that the title ownership documents were not provided for audit review,” Mr K’Ombudo told the committee.

So far, no individual or entity has come up to stake ownership claim on the land.

Failure to provide the auditors with the land title deed did not in any way point to any act of insubordination but, the unavailability of the crucial ownership document.

The PS could not however, explain the rationale of putting up such a complex on land the department he heads does not own only stating that they are in communication with the National Land Commission (NLC) “to have the land allocated to us.”

This is notwithstanding that land ownership documents are critical for the approval of plans before any construction is undertaken, begging the question; which title deed did the State Department use to have the office complex plans approved for construction by the Nairobi City County government?

“How do you develop land that has not been allocated to you using public funds? If you have no title, you have no land,” said Lugari MP Nabii Nabwera even as Mr K’Ombudo continued to stake claim on the land.

“We assert ownership over this piece of land by virtue of possession of the property over several decades uninterrupted,” said the PS, clearly indicating he is hanging onto the concept of adverse possession under the Land Act as the only hope.

In Kenya, to successfully claim adverse possession, one must prove that they have been in actual and continuous possession of the land for at least 12 years.

The rules further state that during this time, one must demonstrate that they had the intention to possess the land as if they were the true owner.

But even as Mr K’Ombudo invoked the adverse ownership rule over the land, Rarieda MP Dr Otiende Amollo was not satisfied with his claim that the government owns the land.

“You have told us that you own the land. Can you show evidence? Development was undertaken on a land without a title. Otherwise, you may need to reconsider your response,” Dr Amollo, who chaired the PAC meeting, said.

The Rarieda MP directed that the PS meet NLC chairperson Gershom Otachi and report back in 14 days.

This happened as it was revealed that a planned meeting to address the ownership matter between the State Department for Trade led by the Director Weights and Measures Mr John Mwaura and officers from NLC suspiciously aborted for lack of quorum.

According to Mr Mwaura, the meeting was to be held on January 18, 2024.

He told the committee that while four officers from the State Department turned up, only one from the NLC showed up necessitating the quorum hitch. NLC needed to have four officers from its side to match up with those from the State Department for the meeting to be properly convened.

“It is interesting that there has been no quorum involving officers, who work for the same government,” said Soy MP David Kiplagat with Dr Amollo wondering; “could there be underlying issues on the land because development on land is not proof of ownership.”