PAC slams delay in processing assets, Parliament title deed

MPs have criticised the parliamentary leadership for its failure to secure title deeds for critical properties, including the main Parliament buildings, despite the issue being flagged three years ago by auditors.

In a newly released report, the Public Accounts Committee (PAC) expressed frustration over the prolonged delay, noting that while some properties have been registered, the most significant assets remain without legal ownership documents.

Parliament grounds housing the mausoleum of founding President Jomo Kenyatta, the Juvenile Court building and County Hall are among properties without the valuable document.

The Auditor General first raised the red flag in her 2022 audit of PSC accounts, revealing that the commission could not provide proof of ownership for multiple properties, including Protection House.

The omission, as flagged by the auditor general, cast doubt on whether the parliamentary commission had full legal control over these assets.

It is emerging that not much progress has been made despite the Parliamentary Service Commission reaching out to the relevant agencies.

PSC secretary Jeremiah Nyegenye told PAC that the commission had written repeatedly to the Lands ministry and NLC but had yet to receive a definitive response. 

 “The committee recommends that the commission completes the acquisition of the title documents within six months of adoption of this (PAC) report,” the committee said.

Nyegenye had told PAC that while the properties were in control of the commission, they were registered in the name of the Commissioner of Lands.

Traditionally, properties belonging to government institutions were registered in the name of the commissioner of lands, but new laws require that properties be registered under the responsible government agency.

This shift has complicated the titling process for Parliament, as the PSC must now secure fresh documentation for properties long under its operational control.  

As such, Parliament’s assets are to be registered under the name of the Parliamentary Service Commission.

Nyegenye said the commission has written to the Lands ministry and the National Land Commission several times requesting the issuance of the documents.

The commission was following up on the matter with the concerned authorities, he said, including NLC and the ministry.

There was no concrete response from the agencies at the time the House team was writing the report.

Parliament managers indicated that they were considering an asset management policy to clarify the responsible accounting officers for the assets of the commission.

The assets in question include Parliament stores and parking, National Assembly Speaker’s residence, CPST new block, Imani House, Continental House, Bunge Tower, Senate Speaker’s residence, Red Cross Building and County House.

Others are main Parliament buildings, grounds (mausoleum), Juvenile court buildings, County Hall and Protection House.

However, the most symbolically and functionally significant assets—Parliament’s main buildings and grounds—remain in legal limbo. 

One particularly contentious case involves Protection House, a building allocated to the PSC by the Office of the President but still registered under the National Treasury.

Treasury has refused to transfer ownership unless the PSC purchases the property at market value—a demand that has sparked resistance.

Negotiations are ongoing to secure the property at a nominal fee, but the Treasury’s reluctance has stalled the process.

PSC has been in possession of the said building despite the National Treasury holding the title document.

MPs have recommended that the National Treasury unconditionally relinquish the title document for Protection House for registration in the PSC’s name, arguing that the building rightfully belongs to Parliament. 

Despite the setbacks, the PSC has secured title deeds for ten properties, including the residences of the National Assembly and Senate speakers, Bunge Tower, Continental House and the Red Cross Building.

Prime Cabinet Secretary Musalia Mudavadi had in an August 2024, circular warned ministries against holding unregistered assets.

He said Cabinet had noted the gaps and consequent loss of public assets, especially public lands which have no title deeds.