[Source: Business Daily, by Cathy Mputhia]
Cases of land fraud are common in Kenya especially where land buying companies are involved. Not all land buying companies are fraudulent however. The state of land fraud is so dire that in 2017 an estimated loss of Sh60 billion was attributed to land fraud. There were also 7,052 reported cases of land fraud as that year.
Land grabbing is also a common occurrence. According to dictionary definition, land grabbing is a swift property acquisition which is fraudulent. Most of the grabbed parcels include spaces meant for public purposes.
Such land is acquired without due process being followed. Often the owners of such properties are not able to prove the legitimacy of acquisition. There are also no historical records to back the acquisition.
This is why it is important to conduct thorough investigations and due diligence before purchasing land. Avoid transactions where the due legal process is not followed. Professionals such as lawyers can assist in the due diligence.
The Land Amendment Bill, 2019 seeks to amend the main land law by providing for issuance of certificates of title for land allocated by third parties for public good. The Registrar of Land is required to register land that has been allocated for public good.
The current state of non-registration makes such land susceptible to grabbing.
If the Bill is passed, it means that land allocated for public purposes will be easier to identify and therefore the unsuspecting public will be better informed. Furthermore, it will be easier for the institution which has been allocated such land to claim legitimate ownership.
[Full article: Business Daily, by Cathy Mputhia]
