Auditor General Nancy Gathungu’s 2023/24 audit report has exposed a troubling lack of valid land ownership documents within 16 government ministries, departments, and agencies (MDAs), raising serious concerns about the security and management of public assets.
The report reveals that many critical government offices, including those in Harambee House and Nyayo House, lack proper land ownership titles. These two iconic buildings house key state offices, such as the Office of the President, the Ministry of Interior, and the Ministry of Public Service, among others. Without verified ownership documents, it is difficult for the Auditor General’s office to confirm the legality of these properties.
Similarly, the National Police Service (NPS) and the Independent Electoral and Boundaries Commission (IEBC) are also listed for not providing title deeds for several government properties across the country. These gaps in documentation complicate efforts to track government assets and may expose them to legal and security risks.
Perhaps most concerning is the situation with the State Department for Housing and Urban Development, which is overseeing the government’s ambitious affordable housing projects. Despite the Ksh49.45 billion allocated for the programme, the department does not possess ownership documents for the land designated for the project. This lack of documentation could hinder the processing of sectional titles for homebuyers, as the Auditor General noted, raising doubts about the feasibility of selling these homes without verified land ownership.
Affordable Housing Programme
As of December 2024, the government had raised Ksh88.7 billion through the Housing Levy to support the affordable housing programme. However, only Ksh46 billion has been invested in Treasury bills, instead of being directly used to fund construction. The lack of land documentation further complicates the government’s ability to move forward with its housing agenda.
“In the circumstances, it could not be confirmed on how the sectional titles would be processed without the original land ownership documents and this could hinder the Affordable Houses sale to the public,” Auditor General Gathungu pointed out.
Other government departments have also been flagged for missing land ownership documents. For instance, the State Department for Foreign Affairs failed to provide land documents for the Kenya Mission in Tel Aviv, Israel, while the Ministry of Health’s State Department for Medical Services did not submit the title deed for the parcel housing the Ministry’s headquarters. The State Law Office also failed to provide documents for land in Malindi.
The situation worsens with the State Department for Correctional Services, which lacks ownership documents for several correctional facilities across the country. Worse, at least ten parcels of land belonging to these facilities have been encroached upon by unauthorized individuals, churches, and other government institutions. This has raised significant concerns over the security and safeguarding of prison land, which could potentially jeopardize the operations of these facilities.
Other Govt Entities Without Valid Land Ownership Records
Similar issues are evident within the State Department for Agriculture, which lacks documentation for land where key facilities like a grain storage plant in Bomet County and the Homa Bay Agricultural Training and Development Centre are located.
The State Department for the Blue Economy and Fisheries also faces the same issue, with missing documents for several parcels of land. Similarly, the Teachers Service Commission (TSC) cannot provide title deeds for eight parcels of land, further raising questions about the agency’s land holdings.
The State Department for Mining has failed to present the necessary land ownership documents for the Kwale regional office and the site for the Wundanyi Youth Resource Centre. Additionally, the State Department for Social Protection and Senior Citizen Affairs has not provided documents for the Othaya Rehabilitation School, a vital facility designed to support vulnerable groups.
“The Ministry of Lands and Physical Planning, the National Land Commission and the National Treasury should work together to resolve the issue of public land owned by State departments and other government entities,” the report recommends.
These findings underscore a systemic failure across multiple government sectors to secure legal claims to land, leaving public assets vulnerable to disputes, encroachment, and misuse. The lack of clear land ownership records not only jeopardizes the safety and integrity of government infrastructure but also raises alarms about the potential for corruption and mismanagement in public land dealings.
