Angote said a land transaction is a chain that involves land administration, surveying and titling.
He said land registrars are involved in some of the fraudulent schemes, adding that the strengthening of the online platform for land transactions, which is also known as Ardhisasa, could offer solutions.
NLC CEO Kabale Tache, Environment and Land Court Presiding Judge Justice Oscar Angote and National Bank of Kenya managing director George Odhiambo during fourth regional research conference /Gilbert Koech
A presiding judge of the Environment and Lands Court has put on notice officials at the Ministry of Land for perpetuating fraud.
Environment and Land Court presiding judge Justice Oscar Angote on Tuesday revealed that over 80 per cent of land fraud cases handled in his court are perpetuated by officials in the Lands ministry.
Angote revealed this on Tuesday at the Kenya School of Government, where he was the chief guest during the fourth regional research conference.
“They (officials) have the know-how and training and are supposed to prevent fraudulent transactions,” Angote said.
Researchers, academia, civil societies, land experts and other practitioners are taking part in the conference to discuss and explore the critical issues of land reforms.The theme for the three-day event is ‘Taking stock of the land reform progress in Kenya’.
Angote said a land transaction is a chain that involves land administration, surveying and titling.
He said land registrars are involved in some of the fraudulent schemes, adding that the strengthening of the online platform for land transactions, which is also known as Ardhisasa, could offer solutions.
Ardhisasa is an online platform that allows citizens to interact with land information held and processes undertaken by the government.
It has been developed jointly by the Ministry of Land and Physical Planning and the National Land Commission and key partners in government.
It allows the lodging of applications for various services offered by the ministry and the commission.
The applications are handled through the platform and responses are presented through it.
Angote said the digitisation of land records will help curb such fraud.
On expired leases, Angote said there is a need to provide clear and reasoned justification for leases that are not renewed.
“But in my view, if one of the reasons is to allocate that piece of land to another private person, I cannot call that a reasoned justification. It can never be unless you tell me this land now is required for public purposes; then we can have a conversation around that.”
Angote said he has not heard of any squabbles between the ministry and the current NLC, adding that the court had underscored the interdependence of the two institutions, as neither was intended to work independently from the other.
“This relationship, as envisioned by the constitution, is not one of agency, but one rooted in cooperation and mutual accountability,” he said.
Angote also took issue with the delay in compensating landowners whose parcels are compulsorily acquired by the state.
“Despite the existence of elaborate legal frameworks governing compulsory acquisition in Kenya, the process has continued to attract litigation. A recurring issue in these disputes is the right to prompt and just compensation for individuals/entities whose property has been compulsorily acquired,” he said.
At least 60 per cent of Kenya’s landmass is community land, endowed with rich biodiversity and natural resources.
Angote said even though the passing of the Community Land Act in 2016 marked a historic milestone, slow progress has been made.
The Community Land Act 2016, for the first time in the country’s history, allowed indigenous and local communities to secure legal rights to govern the land and natural resources that they depend on.
Angote said despite the law being in place, the implementation has been slow, threatening the communities' land rights.
The judge raised concern that the rapid urbanisation and growing demand for space are leading to litigation, particularly in Nairobi, due to the proliferation of high-rise developments.
National Land Commission CEO Kabale Tache challenged those in attendance to help generate data on women and land rights.
Kabale said estimates show that 33 per cent of women own land, but there are no statistics.
