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Executive House Estate Demolition
alma
#51 Posted : Wednesday, May 21, 2014 6:47:26 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
a4architect.com wrote:
alma wrote:
a4architect.com wrote:
@alma, thx forthe ndungu report link.

in the case of the kevivapi land, i believe the commissioner of lands and president allocated the land to the public as per within the laws applicable by then? Or did the commisisoner of lands/ president later on deny allocating the said lands?


kevavapi land was just stolen. The person of the Commissioner of Lands allocating himself land then reselling it at a profit is not "the public good".


@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.


I don't know how to explain this to you.

The law was very clear on how he could appropriate land. He did not follow the law.

He created his own method.

That was illegal.

Therefore, any title coming out of that land is ipso facto illegal.

That is whether the owners of that land know it or not.

As to what can be done to right this horrible wrong. It's all there in the Ndungu report. It includes jailing these fellows and even compensating those that bought this illegal land.

But if they keep quiet. Shauri yao.

But they cannot hide from the fact that their title is illegal. So God help them if Sonko decides to go to Tanzania and never come back.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
a4architect.com
#52 Posted : Wednesday, May 21, 2014 6:51:16 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@alma, forests should not be appropriated. A law/regulation to determine what is unutilised idle land should be developed . For example, kevivapi land to me has all the hallmarks of unutilised idle govt land/grasslands. Ngong forest is utilized as a forest with its bio diversity advantages hence not in the league of kevivapi land.

The issue of bell vs moi is again different in that this is about 2 private owners. in the kevivapi land, its about idle govt land moving to public hands hence different.

in bell vs moi, its about private land so the courts arbitrate and award to the rightful owner.

am not supporting anybody , am just trying to understand why /how house owners are supposed to know it all even when the govt land registry says the one selling to them land is the rightful owner. surely,for govt to earn its respect from its citizens, then we all have to agree that whatever the outcome of a land search has to be valid or just disagree and live like kenya is a banana republic.


As Iron Sharpens Iron, So one Man Sharpens Another.
a4architect.com
#53 Posted : Wednesday, May 21, 2014 6:54:15 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@alma, describe the law/method that commish should have used to alienate the land.

We can say that the only mistake he did was to give his mpango ya kando the allocation but this is morally wrong and not legally wrong and if the powers allowed him to give out the land to any kenyan with an id and who is not his relative, then the allocations were legal.
As Iron Sharpens Iron, So one Man Sharpens Another.
alma
#54 Posted : Wednesday, May 21, 2014 6:57:00 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
House owners are supposed to do a proper search. They did not.

The banks are supposed to do a proper search. They did not.

The scammers at Ardhi house can even create fake beacons. Ask the mavoko fellows.

But a proper search would reveal the proper property owner. While the house owner cannot be expected to know a proper title from a fake one, the banks should.

why in the hell do they hire valuers for?

I can tell you the number of tubrotis with fake details that I've seen in my life would shock you. You just need honest professionals and things like this would never happen.

But you can sue in the meantime or forever hold on to a property that no one will ever buy from you. The total asset value of Diamong Estate is now 0 kenya shillings. No one will buy from them.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
a4architect.com
#55 Posted : Wednesday, May 21, 2014 7:06:52 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@alma, the house owners did a search and the land owner was not ministr yof agric but the person who was selling to them eg nssf, commish's mpango wa kando etc.

I expect valuers to be looking at the situation and thinking on how to advice govt to reform land laws especially pertaining to alienating govt land, not to wield ndungu report like its the bible.

If the laws by then allowed a commish to alienate govt land to anyone, then that someone was the legal owner .

Only out of the box thinking will save this country from itself, not tying itself up with ndungu report etc which could be outdated by now.

I gave you example of karen blixen. if the commish in the 1920s gave the land to karen blixen as his mpango wa kando for example, all the others who have bought the land later eg kenyatta family should be on the wrong?

If the commish gave her @alma's land, then @alma is right to demand for the people to vacate his land.

In this case, the commish gave her kenya govt land which he was the custodian of.
As Iron Sharpens Iron, So one Man Sharpens Another.
alma
#56 Posted : Wednesday, May 21, 2014 7:15:04 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
Let me give you free advise on how to conduct a proper search.

Go all the way to the original owners of the land. Please take that seriously. If all you found was alma was the owner of the land, then that was not a search, that was a PERUSAL of land records.

Go back to the first time it was ever conveyanced.

If you see it was formerly a forest, run. If you see it was formerly Wilson Airport, don't lie to your kids that the house will be used to pay their university in the US.

Some of this things are just common sense.

If they had done a proper search they would have found that the land they were sold never left the hands of Kevevapi.

Just because 80% of Valuers are corrupt does not mean that you shouldn't do a proper search for yourself.

I would like you again to stop saying that the land was legally transferred. Obviously this is not the case as the owner of the land has said his land was stolen by the former commisioner of lands. That is just the fact.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
Realtreaty
#57 Posted : Thursday, May 22, 2014 11:23:31 AM
Rank: Elder

Joined: 8/16/2011
Posts: 2,386
Should the city council of Nirobi do likewise to regain all open spaces that have been grabbed and built up. Should all these land issues be solved together by doing what is right and lawful. Where did all the open spaces I knew in 1990s go to?
a4architect.com
#58 Posted : Thursday, May 22, 2014 11:34:40 AM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@realtreaty, the kevevapi land issue is different form city council open space land grab. In city council situation, land was designated for open spaces,play grounds schools etc through the planning process. This designation happens when a private land owner applies for land subdivision whereby he is compelled to give land for such uses by the city council planning department. This space can only be used for the set land use purposes.

In the kevevapi land, this is idle, unutilised govt land, hundreds of acres, that is usually under lands commission or commissioner of lands who under his powers, can alienate the land to private individuals if he so wishes.
The idel , unutilised land, in the kevevapi issue, was not being utilised for any purpose at the time of land alienation.

The city council lands, set aside for playgrounds,schools etc were in most instances private lands acquired by city council for this purpose, and are usually not in hundreds of acres in size.

Where these have been grabbed, its a good idea to acquire them, including demolition of the buildings on them since these lands are to be used when vacant by the surrounding community, for purposes set.

For example, assume @realtreaty owns 100 acres in Buruburu and would like to subdivide. City council then compels @realtreaty to cede 10% of the 100 acres for a school, playground, church etc then sell of the other 90%.
When subsequent council govt comes in and grabs the 10% set aside for public space, now thats GRABBING land and demolition is a remedy since the people surrounding the land can only benefit when the land is vacant for a field etc .

IN kevevapi land, the land initially belongs to kenyans under ministry of lands and not @realtreaty's personal land as in the case of county land.
In such cases, the lands commissioner has the powers to alienate the land and alocate @realtreaty the land .

When @realtreaty is given the land, the council then compels @realtreaty to cede come land for a school , playground etc for community use. This land ceded is what should be protected from GRABBING.
As Iron Sharpens Iron, So one Man Sharpens Another.
a4architect.com
#59 Posted : Thursday, May 22, 2014 11:55:51 AM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@realtreaty, the requirement that people subdividing land in nairobi to cede a % for public use has now been changed such that the land use remains the same and the land owner remains with the title to resell as a school, church, hospital etc. This is to prevent grabbing of the land by subsequent county govt since the original owner stil remains with the title for the public land and the user for the land is strictly controlled by county govt eg if 10% of the land was set aside for a school/hospital, the owner cant build rental houses instead. He can only build a school or resell to someone who can only build a school or hospital.

What most kenyans who are advocating for the kevevapi demolitions dont know is the difference between this land and the other parcels grabbed around nairobi.

All nairobi was once govt land and was alienated by colonial govt to ministries, parastatals and individual white settlers. Govt land was further alienated by kenyatta, moi and kibaki govts. The settle land was resold to other kenyans eg Umoja/donholm was a farmland owned by a mzungu, Karen land was farmland owned by Karen Blixen. These individual lands were again alienated into public spaces by council govt where owners had to cede a certain % of land for public use. this % of land for public use is what has been GRABBED illegally.

check link about 4,600 acre donholm farm from city stadium till umoja

http://www.businessdaily...-/13to7krz/-/index.html

this has been resold to individuals who city council has compeled to cede a % for public use which has been grabbed.
As Iron Sharpens Iron, So one Man Sharpens Another.
alma
#60 Posted : Thursday, May 22, 2014 11:59:13 AM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
a4 I'm really starting to doubt if you have clean hands in this matter.

Even when supporting the properties to stay which is a reasonable argument since no one here wishes harm on others, you really have to be truthful in your arguments.

You see, now because of guys like you, these guys are going to take another case to court. One that claims they have legit titles. Based on that they will demand kevevapi stops demolishing their land.

Unfortunately, kevavapi will simply show they never sold the land. So their case will be mute and they shall be removed.

The case they should take is suing whoever sold them the property. Then let whoever sold the property prove their titles are valid. Only then will the truth come out.

A truth that you are trying to evade.

The owners of the land are not the gov't of Kenya. You can twist it as much as you wish. It is not the gov't of Kenya. It is Kevevapi. If the directors of Kevevapi do not have any documentation to show that they sold the land, they will be in jail.

But we don't want them in jail for something they never did,do we?

The Ndungu commission identified this property as grabbed land. Mr. Ndungu himself was on TV saying categorically that the land was in his report as grabbed land.

So who do we believe, you the architect who has confessed that you don't know how land searches are done, or the true owners of the property who say it was grabbed by someone and his girlfriend?

Stop lying here as your name is on the line.

That land was never supposed to have been sold. It was. The people who stole it are the ones who should be in court.

You can't change facts with many many words.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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