Punish grabbers, not builders

Land grabbing is one of those uniquely Kenyan forms of corruption that must be fought without mercy. Beneficiaries of illegal appropriation of public land should expect no sympathy when the authorities move in to evict them. Such land must be restored to its rightful owner(s) without delay. And it should not stop there but be just the first phase of part of a criminal justice process where thieves end up in jail.

Where public funds have been used to reclaim stolen properties — such as in the cost of demolishing structures as well as investigations, land survey and establishment of boundaries — it follows that the culprits must also be forced to pay. Where the miscreants have benefitted financially from the proceeds of crime or where public funds have been lost through deprivation of such properties, restitution must be applied.

That is the just and proper way to secure public assets and ensure fitting punishment from looters and grabbers. The ongoing demolitions of houses constructed on land stolen from the East African Portland Cement Company must be viewed from that perspective. It is clear that criminal cartels illegally grabbed large tracts owned by a public entity and proceeded to sub-divide and sell off parcels over a vast expanse.

Those who bought land and constructed homes claim they were innocent purchasers for value (more on that later) but there is evidence that red flags had been raised about the entire series of transactions. Portland issued ‘buyer beware’ notices, including erecting gigantic billboards that could not be missed by prospective buyers visiting to view their future plots.

Heartless and brutal evictions

That, however, is one side of the story. Many of those now in tears as expensive mansions are brought down are accusing President William Ruto’s government of subjecting them to untold suffering. They took out loans to purchase the land and put up their dream homes only to see their dreams reduced to heaps of rubble. They have been left homeless and destitute and are, understandably, bitter and angry at the action of a government they feel has been uncaring and brutal.

And they have some powerful arguments: They exercised due diligence, official searches and more, as would be required of any land buyer. They were assured by the Ministry of Lands and other government agencies that everything was in order. If it later turned out that the ownership documents were forgeries or obtained fraudulently, then, surely, the government must be part of the criminal enterprise that sold them the land.

Secondly, President Ruto campaigned on very explicit public pledge to halt heartless and brutal evictions on land disputes. He suggested mediation towards ‘regularisation’ of property ownership rather than forcible demolitions, a strategy that raised eyebrows as it seemed to signal the through-pass for land grabbers.

Indeed, those affected might feel that the President has betrayed them, especially himself having been an innocent victim of land fraudsters. He has a well-documented history of land cases, most notable being the Weston Hotel built on land that belonged to the Kenya Civil Aviation Authority on Nairobi’s Langata Road; and a 100-acre parcel in his Uasin Gishu County that was found to have been grabbed from a displaced victim of the 2007/2008 post-election violence, a Mr Adrian Muteshi.

Hunt down the land grabbers

In both instances, Dr Ruto pleaded that he was an innocent purchaser for value, acquiring land from third parties while unaware that their own acquisitions were fraudulent.

A person who loves showcasing his entrepreneurial smarts, particularly in farming and land ownership, must be very naïve, innocent and trusting to fall prey to land scammers, and more than once. Anyway, he must be given the benefit of doubt.

It is instructive that Dr Ruto was accorded time and space for civil settlement instead of bulldozers and violent goons being unleashed on Weston Hotel. The Portland land grabbers should, at the very least, have expected similar consideration.

Even opposition leader Raila Odinga, who has expressed outrage at the government actions on the Portland saga, will agree that grabbed public land must be reclaimed. He earned the moniker ‘Tinga’ for very firm and decisive actions as Minister for Roads and Public Works in 2003-2005. That was when he deployed bulldozers to demolish houses and reclaim thousands of land parcels grabbed from road reserves, paving the way for construction of the series of by-passes and ring roads that have significantly eased traffic flow around Nairobi.

The grabbed Portland Cement land must be reclaimed, but in a humane manner, while the original grabbers are hunted down and made to face the law and also compensate the victims of their fraud.

[email protected]. @MachariaGaitho