NLC grounded as MPs delay law on grabbed public land

The National Land Commission has no legal powers to repossess illegally acquired public land, leaving critical government assets vulnerable to encroachment, a parliamentary committee heard yesterday.

The revelation came during a session where the Kenya Airports Authority (KAA) was grilled over its failure to reclaim grabbed land meant for the expansion of Malindi Airport.

Malindi Airport, a key tourism facility, has stagnated for years, leading to a decline of tourism in the coastal town as a result of encroachment on airport land.

The Public Investments Committee on Commercial Affairs and Energy, chaired by Pokot South MP David Pkosing, sought answers from KAA officials on why squatters, including an oil company, still occupy parcels earmarked for the airport.

When asked why the situation has not changed, NLC cited a glaring gap in the law that renders the commission powerless, despite its constitutional mandate to manage public land.

NLC chief executive officer Kabale Tache admitted that while the commission can investigate land grabs, it lacks the authority to revoke illegal titles or enforce evictions.

NLC officials explained that their role is limited to making recommendations, with the chief land registrar holding the final say on ownership.

The dispute centres on a 100.6-hectare (248.5 acres) piece of land initially allocated to the National Oil Corporation but later occupied by a church and an oil depot operated by Vivo Energy.

KAA insists the land still belongs to it, citing a 1996 title, but lawmakers questioned how the authority could list the property in its books while the legal ownership remains contested.

Laikipia East MP Mwangi Kiunjuri demanded clarity, asking, “How did KAA include this land in its asset register if the title is held by someone else?”

Kabale revealed that KAA had sought the commission’s intervention too late, well after the statutory period for challenging illegal allocations had lapsed.

The NLC pinned its hopes on the pending National Land Commission (Amendment) Bill of 2023 sponsored by Kilifi North MP Owen Baya, which seeks to empower the commission to reclaim grabbed land.

The bill sought to amend the NLC Act to extend the period within which it was supposed to repossess all grabbed public lands.

According to Parliament’s Bill Tracker, the legislation was passed in the National Assembly in March this year, and is yet to be introduced in the Senate.

The lacuna may take longer as a section of the committee members noted that the bill concerns counties, hence has to be considered by the Senate.

This was even as the team raised concerns that there are serious implications of the NLC’s impotence.

This legal loophole frustrated MPs, with Pkosing declaring, “We are discussing in futility. NLC has no legal jurisdiction as we speak.”

He further accused KAA of misleading the public, stating, “KAA is lying to the people of Kenya by claiming ownership while the land is legally gone.”

The committee turned its scrutiny to Vivo Energy, which operates a jet fuel depot on the disputed land.

Lawmakers demanded to see the concession agreement between KAA and the oil firm, questioning why the company had not been evicted like the church.

KAA’s acting CEO, Nicholas Bodo, admitted he did not have immediate details on the financial terms of the deal, prompting further criticism.

“KAA is incapacitated,” Pkosing remarked. “How can managers fail to answer basic questions about public assets?”

Nyeri Town MP Dancun Mathenge, a member of the committee, raised concerns about possible financial irregularities, suggesting KAA might be inflating its books by listing land it does not legally control.

“If there’s no title, was KAA trying to cook its books?” he asked.

The KAA planning manager clarified that no permanent structures exist on the land except for underground fuel storage tanks, which are critical for airport operations.

However, MPs remained unconvinced, ordering KAA to produce the 1996 title deed and full financial records of its dealings with Vivo Energy by close of business on Tuesday.

Pkosing noted that the Malindi Airport’s stagnation due to land disputes has crippled tourism in the region.

“Malindi is a ghost town because the airport isn’t functioning optimally,” he said. “Without expansion, tourist visits will keep declining.”

Frustrated by the lack of solutions, the committee gave KAA a final two-week ultimatum to file an adequate response on the land queries.

It emerged that there are 15 disputed parcels flagged in the audit reports, out of the 78 queries raised by Auditor General Nancy Gathungu for the past four financial years.

Pkosing warned, “NLC looks helpless and desperate. If KAA fails again, we will conclude that this matter cannot be resolved.”