@a4 please go read the Ndungu report. If I tell you you will start another long story.

It was very categorical that what the commissioner of lands did was illegal.

You cannot usurp land for personal use. You acquire land for gov't for the good of the nation.

So for whatever reason, the best land report that was ever created in this country, recommended that the fellows involved in South B be prosecuted.

This report was thrown in the dustbin and Kenyans will suffer for it.

Since I'm not a brilliant legal mind like you, I will have to accept that those guys knew what they were talking about.

You cannot cloak personal greed in the beautiful dress of compulsory acquisition of land for the good of Kenya.

No problem a4 but on matters land law, no lawyer can be me.


Alienation of Public Land and the Power to do So

Under the law, it is only the President who has the right to allocate unalienated government lands, although he can delegate limited powers to the Commissioner of Lands. Yet even the President cannot exercise his powers without paying regard to the public interest.


Abuse of presidential discretion in apportioning land .Successive Commissioners of Lands, acting in excess of the legal power vested in that office, had made direct grants of unallocated land to individuals and companies without written authority of the President.



Use of forged letters and documents

The Commission found that forged letters and documents
were used to illegally allocate land. Further, land that had
been acquired compulsorily for public use was then illegally
allocated through forged letters and documents. Those
allocated such land would later sell it to third parties, some
of whom developed it.


Recommendations on illegal allocation of urban lands
The Commission recommended that:
• Where public utility land had been allocated,
such allocation should be nullified and the land
repossessed and restored to the public use for which it had been reserved.
• Where land set aside to serve as road reserves had been illegally allocated, such land should be repossessed and restored to public use even if the land had since been developed. Developments on such lands should therefore be demolished without exception.

On the Issue of having a Title Deed after land was acquired illegally

The Commission observed a number of factors that render a land title illegal. One of these is when a title is issued for a piece of land which is not legally available for allocation.



That report was very clear.

So if there is any Architect, Conveyancing Lawyer, Property Valuer who pretends they don't know what it is talking about, then that person is professinally negligent.

And should be sued with abandon.

Links to Ndungu Report

http://www.africog.org/reports/mission_impossible_ndungu_report.pdf

Short form of Ndungu Report

Other Summary of Report

Go to page 24 of the first link

Those were the recommendations of the Ndungu commission on what is affecting the guys in South B.

Unfortunately for them as it stands that report has not been implemented. So they stand to lose everything and I mean everything.

So its a catch 22 situation.

If the report is implemented, they stand to lose some of their money as they will be required to pay the current market rates of the undeveloped land.

If it is not implemented, they have to pray that Sonko is still Senator and Uhuru is still president.

Moral of the story, Buy land in Kenya wisely. If ndungu report is not implemented you may be buying fake land. If it is implemented, you may be forced to pay more than what you paid for it.

@alma, i have checked it. I believe if Ndungu did his report in the era of the internet/google search, he would have discovered how other countries resolve such and would have advised differently. Land is such an important resource to be left for a commission to decide on,.It should be an issue of parliamentary debates,bills,which turn into law and various research bodies such as the national land commission.

Govt cant just demolish houses coz lawyer Paul Ndungu and @alma recommends it. This should be a matter of parliamentary debate whereby all dissenting opinions such as mine are heard then the bets decision takes over.

If kevivapi residents can prove that president/lands commissioner approved the appropriation, then they are home and dry. If the appropriations were done by persons other than president and lands commissioner, then there is some chance of loosing the case.

i believe the buyers did searches at the land registry and were satisfied . Citizens simply have no other way to ascertain land ownership other than official land search at the registry. If this is altered, then citizens cant be blamed for buying the said lands.

if the kevivapi residents swarmed on govt land and allocated themselves like they do on slums, then demolition is a remedy. If commissioner of lands appropriated the land from govt to private hands, then the residents are not to blame since at the time , commissioner of lands was the law in matters land and the custodian of the registry.

@alma, how else was the commissioner of lands supposed to appropriate the land? If there were no intricate laws and the laws at that time gave him the powers/leeway to do as he wished, then we can say land reforms to improve this is what is needed since assuming all commissioners of land are angels surely got the country where it is now.