Court halts Sh1.2bn bid to give out 22,000 title deeds
The County Government of Kajiado has been stopped from issuing title deeds to landowners in dozens of towns in the devolved unit.
What you need to know:
- Petitioners had questioned the new process after a similar failed bid by the defunct Kajiado Town Council in the 1990s.
- Case threatens to scuttle a Sh1.2 billion project to issue title deeds for 22,000 plots in 37 towns that was launched in 2022.
The Environment and Land Court has slammed the brakes on a bid by the County Government of Kajiado to issue title deeds to landowners in dozens of towns in the devolved unit.
Justice M.N. Gicheru, in an October 23 ruling, ordered the devolved unit to halt the process and refund the money collected from residents by a consultant.
A group of residents had moved to court early this year seeking to stop the titling process, terming it illegal, skewed and opaque.
According to court papers seen by Nation, the petitioners had questioned the new process after a similar failed bid by the defunct Kajiado Town Council in the 1990s.
At the time, a private firm was contracted to carry out a survey and prepare the paperwork ahead of the issuance of titles for at least 700 plots in Majengo A, B and C between 1993 and 2006.A few landowners managed to acquire their titles.
The firm on February 18, 2010 wrote to the town council demanding Sh259,452,194. Though residents paid the money via village elders to the town council, the consultant was not paid, sparking the row. Justice Gicheru said the money should to be refunded within 60 days.
“That, following the approval from the county assembly, the county executive’s procurement department should carry out a competitive process to secure a consultant to carry out the survey and titling [and determine] prices for the parcels,” he said.
He also provided a window for the parties to settle the dispute out of court. The funds meant for surveying and titling will be deposited in the County Revenue Fund, Justice Gicheru ruled.
Reached for comment on Monday, the initial consultant who had been contracted for survey and titling told Nation he was not enjoined in the case and had received a court order directing him to refund the money.
“My firm was not a party to the case. I haven't received any court order to refund the money collected,"Said a director of the private consultant firm.
The case will be mentioned on November 9 for further direction. It threatens to scuttle a Sh1.2 billion project to issue title deeds for 22,000 plots in 37 towns that was launched in 2022.
The county government roped in the National Land Commission and the Survey of Kenya to help in the process, while three private companies were allocated seven,eight and 22 towns respectively.
According to an agreement between the county government and the firms,each of the 22,000 plot owners was required to pay Sh55,000 via a pay bill number to the consultant’s account either in full or through instalments.
In Kitengela, multiple allocations have hit the town, with county records indicating that there are 8,000 people each laying claim to just 3,000 plots.
Noonkopir estate in the town is the worst affected, the data says.
