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Omtatah demands probe into irregular Affordable Housing projects on public and community land

He warned that the situation points to systemic lapses within implementing agencies, including the State Department for Housing and Urban Development and the National Land Commission.

Busia Senator Okiya Omtatah has raised concerns over alleged irregular development of Affordable Housing projects on public and community land, calling for a detailed parliamentary inquiry into compliance with land laws, procurement procedures and constitutional safeguards.

In a formal request for statement submitted to the Senate, Omtatah said the matter raises grave concerns following findings contained in the Auditor-General’s report on the Affordable Housing Programme, which he argues points to systemic legal and procedural violations in the rollout of housing projects across the country.

“I rise, pursuant to Standing Order 53(1), to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on a matter of national concern regarding the irregular development of Affordable Housing projects on public and community land,” he stated.

The senator claims that numerous housing projects have been undertaken without lawful allocation of land, proper documentation, or adherence to established legal procedures, raising questions about compliance with constitutional and statutory requirements governing public land management.

According to Omtatah, the reported irregularities contravene several provisions of the Constitution, including Articles 10, 40, 60, 62 and 63, which address national values, property rights and management of public, community and private land.

He further argues that the projects may be in breach of key legislative frameworks, including the Land Act, the Land Registration Act, the Community Land Act, the Public Finance Management Act, and the Physical and Land Use Planning Act.

He warned that the situation points to systemic lapses within implementing agencies, including the State Department for Housing and Urban Development and the National Land Commission.

In his statement, the senator has requested the committee to compile a comprehensive register of all Affordable Housing projects flagged by the Auditor-General for lacking proper land ownership documentation, including their location and implementation status.

He also wants clarity on the legal status of land on which the projects sit, specifically whether due process was followed in allocation, reservation or conservation of the parcels used for development.

Omtatah further demands information on compliance with constitutional requirements for public participation and consent, particularly in relation to community land under the Community Land Act.

“The Committee should address compliance with constitutional requirements for public participation and consent, particularly in relation to community land under the Community Land Act,” he said.

He is also seeking details on steps taken to regularise land ownership, including issuance of valid titles or leasehold interests to secure beneficiaries’ rights.

Additionally, he wants accountability measures outlined, including actions taken against culpable officers or entities and preventive mechanisms to ensure compliance with land laws, planning standards and public finance management rules in current and future projects.

Finally, the senator has requested updates on whether investigations have been initiated by oversight bodies such as the Ethics and Anti-Corruption Commission and the current status of those inquiries.

“Whether investigations have been initiated by relevant oversight and enforcement agencies, including the Ethics and Anti-Corruption Commission, and provide their current status,” the request reads.

The Senate Committee on Land, Environment and Natural Resources is now expected to respond to the issues raised, which touch on one of the government’s flagship housing programmes and its compliance with land governance frameworks.

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