The National Assembly Lands Committee has given the State Department for Lands and Physical Planning two weeks to explain a series of disputed land ownership cases after raising concerns over conflicting records, delayed responses and unresolved claims affecting communities and private individuals.
The committee, chaired by Joash Nyamoko, met officials from the State Department for Lands and Physical Planning at Bunge Towers on Tuesday to examine four petitions touching on contested land in Nandi, Nairobi, Kwale and Tana River counties. The Principal Secretary was represented by Chief Land Registrar David Nyanduro.
The petitions involve ownership of LR No. 1468 in Tindiret Constituency, Nandi County, claimed by Tambul Farmers Company; the alleged fraudulent dispossession of Dave Mburu's land on Lenana Road in Nairobi; the allotment of land within the Diani Complex claimed by the Dididi Community; and claims that Kipini Community land in Garsen Sub-county was unlawfully acquired by Kipini Conservancy.
Officials from the State Department requested more time to prepare a detailed response on the petition filed by Tambul Farmers Company before presenting their findings to the committee.
The lawmakers also sought answers on the ownership dispute involving LR No. 209/324/3 on Lenana Road. Chief Land Registrar David Nyanduro told the committee that records at the Lands Registry show all entries on the title were processed according to the law and that the National Social Security Fund (NSSF) Board of Trustees remains the registered owner of the property.
"The court order registered against the conveyance is yet to be lifted and the caveat remains in force. According to our records, the National Social Security Fund Board of Trustees is still the registered proprietor of the property," Nyanduro told the committee.
Nyanduro further explained that the land has been at the centre of High Court Civil Suit No. 1191 of 1999, where the court stopped any transfer or disposal of the property through an injunction. He added that a caveat lodged in 2008 by the legal representative of the late Rosita Walter Mburu remains active.
Committee members, however, questioned how the land is alleged to have changed hands despite the existing court order. They also sought clarification over reports indicating that the property is currently under the Ministry of Defence while official records continue to show NSSF as the registered proprietor.
The ministry asked the committee for more time to trace court records and establish whether later court decisions changed the ownership status of the property.
Committee Chairperson Joash Nyamoko directed the ministry to complete the review and return with a comprehensive report within two weeks.
"We expect the ministry to return with complete findings within two weeks so that the committee can determine the way forward and ensure Kenyans receive clear answers on these matters," Hon. Nyamoko said.
The committee also heard that the dispute over Kipini Community land has already been addressed in several court cases, with most of the matters concluded.
According to the ministry, the courts ruled that claims of communal or ancestral ownership were not proved, confirmed that the conservancy land belongs to Nairobi Ranch Company Ltd and maintained that no person should lose private property without following the law.
The ministry also informed the committee that issues relating to compulsory acquisition of land fall under the mandate of the National Land Commission.
Even so, lawmakers resolved to engage the National Land Commission and government surveyors before conducting site visits to establish the facts on the ground ahead of making recommendations on the petition.
The committee said its oversight seeks to improve accountability in land administration, ensure government agencies maintain accurate records, examine disputed land transactions and promote transparency in resolving both historical and current land ownership disputes.
The hearings, lawmakers noted, also reinforce Parliament's role in protecting property rights and ensuring public institutions remain accountable to Kenyans.