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Ministry of lands to rein in foreigners with free hold title deeds

Cabinet secretary for Lands Alice Wahome has asked non-Kenyans with free hold title deeds to return them to the ministry.

Wahome said the foreigners with such title deeds got them through a corrupt process saying the government is working to confiscate such titles.

Foreigners who own land in the country, Wahome said, are only allowed to have leasehold title deeds which lasts for 99 years.

“Non-Kenyans have managed to get free hold title deeds through corrupt means. I order those with such documents to return them. The ministry will do thorough investigations and get hold of those with title deeds that they acquired corruptly.” She said during the launching of digitization of Murang’a land registry.

The CS stressed that the constitution only allows Kenyans to have free hold title deeds but not foreign organizations or individuals.

“Those with lease hold title deeds are expected to renew them once the stipulated period expires. Failure to renew the lease, the land goes back to the government,” she remarked.

Wahome further downplayed claims being peddled that the government is planning to convert free hold titles to lease holds.

Terming the claims as mere propaganda, she noted it’s practically not possible both legally and constitutionally to convert free hold titles to lease holds.

“It’s only the owner of a land who can initiate to change his or her land to lease hold especially when there is change of use of the land. But the government cannot convert free title deeds to lease,” noted Wahome.

The CS further warned cartels who have infiltrated land boards saying a section of residents have lost their land through interference by corrupt members of the boards.

“It’s unfortunate some chiefs who should provide true information about land ownership since they know their local people, they are corrupted to give false information during land board meetings,” she added.

Wahome asked members of the public to report to her officer corrupt board members through the office of respective county commissioners so that they can be replaced.

“To solve many of the problems associated with land issues, we have to do away with cartels and corrupt officers. I will immediately replace the culprits who have been mistreating Kenyans as they seek services on land transactions,” she cautioned.

On the issue of land tax, the CS said the government was looking into levying land within cities and urban areas and not land in rural areas.

“We indeed had agreed to start levying land within cities before moving to urban areas. The proposal was only targeting people with free hold title deeds who only pay rates saying those with lease holds and are within cities usually pay rates and land rent for their land.

“The proposal for the land taxes was looking for equity since those targeted were the people living in urban areas but this has stopped with rejection of Finance Bill 2024,” she explained.

Wahome further called upon county governments which are entrusted with physical planning services to ensure the land plans are probably done.

“Poorly done physical planning has many times affected issuance of title deeds. The officers mandated for the works need to be keen and I ask them to stop the increased sub division of agricultural lands which is reducing areas for crop production,” said the CS.

On her part, nominated Senator Veronica Maina asked the ministry of lands to help in clearing the backlog on land succession.

Murang’a, she said has many cases on succession which are still pending asking the ministry of lands to fast track the matter so people can divide and get share of their family land for development.

Maina said she has taken before the parliament some amendments on the law on succession management Act saying the proposed amendments will criminalize inter meddling with succession property both movable and non-movable.

“This will ensure some people who want to take the whole land at the expense of other family members face the law. The amendments will ensure safety and equality on division of family land,” she noted.

By Bernard Munyao and Anita Omwenga

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