The Principal Secretary State Department of Lands and Physical Planning Hon. Nixon Korir, today appeared before the Senate Land, Environment and Natural Resources Committee Chaired by Nyandarua Senator John Methu to give response to the Ten Statements pending before the Committee and on a Petition by Mbogo’s Family concerning historical injustices and illegal alienation of L.R NO. 7153/1,7153/2,7153/R also known as L.R 12825.

In his response on the Petition concerning historical injustices and illegal alienation of L.R. No. 7153/1, 7153/2, 7153/R also known as L.R. 12825 by Mbogo’s Family of Mbari ya Mbogo, Hon Korir confirmed to the Committee that the Petitioners’ claim was determined by the National Lands Commission, Historical Land Injustice Committee as a Claim No. NLC/HLI/2017.  

Furthermore, the claim is currently before the Nairobi Environment and Land Court in Milimani ELC Civil Case No. 557 of 2009 and the Ministry waits for the court’s determination and directions in the court case.

On the Statement sought by Sen. Edwin Sifuna, MP, on the allegations of illegal allocation of public utility land plots in Woodley Estate, Nairobi City County, PS Nixon informed the Senator Methu led Committee that according to his records, the Nairobi City is registered as the lessee from the Government of Kenya for a term of 99 years from July 1, 1948 of L.R No. 209/13539 (Woodley), Grant No. I.R 76717 measuring approximately 34.63 hectares and the Grant was registered on June 9, 1998.

‘’The Council being the registered proprietor was responsible for the design and planning of the estate. We therefore request the Committee to engage the Nairobi City County to establish the various uses as planned including the public utilities.’’ PS Korir said. 

On the Statement sought by Sen. Johnes Mwaruma, MP, on the ownership status and adjudication of Kishamba ‘B’ land in Voi Sub-County, Taita Taveta County, PS Korir affirmed to the Committee that Kishamba ‘B’ registration section was declared as an adjudication section on September 29, 1978 in accordance with the Land Adjudication Act, Cap. 284.

 Demarcation and survey were carried out, yielding 25 land parcels. Out of these, 24 parcels were recorded in the name of County Council of Taita Taveta and one parcel (Plot No.1 Measuring 10,456 Ha.) was recorded for Kishamba ‘’B’’ Group Ranch. The ranch had an initial membership of 1981 persons who have since increased to the current membership of 4209 persons.

‘’As was required by Section 23 (5) of the Land Adjudication Act, the group was incorporated on July 5, 1982 under the Land (Group) Representatives Act, Cap 287 (Repealed) which was repealed by the Community Land Act, 2016. The Community Land Act, 2016, classifies undissolved group ranches at the effective date as Community land.’’ PS Land informed the Committee.

‘’Through an AGM held on May 15, 2015, the group members resolved to dissolve and subdivide the land amongst themselves. A request was made to the Registrar of Group Representatives and the same was granted on November 12, 2018 vide a letter Ref; G2/2/324/168.

 The group proceeded and obtained consent of the land control board on January 11, 2019 to subdivide the land.’’ Hon. Korir added. 

‘’The subdivision has however not been done to date due to Leadership wrangles, Court Cases, Disagreement on the mode of subdivision and Claim of members not updated in the register.’’ PS Korir alluded.

Lawmakers advised the ministry of Lands to plan for a meeting soon involving the leadership of Taita Taveta to solve the problem affecting residents of Kishamba ‘B’ and look for long term solution.

Members in attendance were Vice Chair Dr. Steve Lelegwe, Sen. William Cheptumo CBS, Sen. Wahome Wamatinga, Sen. Johnes Mwaruma, Sen. Beatrice Ogolla and Senator Miriam Sheikh.