Anti-graft body raises alarm over grabbing of cemeteries
A cemetery in Msambweni in Voi, Taita Taveta County, which is at the center of a land ownership dispute.
The sanctity of cemeteries, revered as the final resting place of the dead, is under siege.
Land grabbers driven by unbridled greed are encroaching on these sacred grounds, reflecting a wider epidemic of land grabbing that has plagued the country in recent years.
The vice extends far beyond graveyards, infiltrating public utilities and institutions, from schools, police stations, prisons, hospitals, social halls and recreational facilities.
The impact of this rampant land grabbing goes beyond mere property disputes, as it strikes at the heart of societal integrity and undermines confidence in governance structures.
In the face of this crisis, the Ethics and Anti-Corruption Commission (EACC) has sounded the alarm, highlighting the alarming proliferation of fake title deeds and collusion between fraudsters and corrupt officials.
Such activities have not only resulted in the displacement of legitimate landowners, but have also facilitated the illegal acquisition of public assets by unscrupulous individuals.
"There is an urgent need to review the current Land Act to protect public land from grabbing and this can be achieved by automating all land registries," said Twalib Mbarak, CEO of the EACC.
Some of the recent land grabbing incidents that have shocked the country include that of a cemetery in Gatitu area, Thika, which caused public outrage and prompted Lands CS Wahome to visit the area to stop private developers from taking over the cemeteries.
In last month's incident, the private developer exhumed bodies of people buried in the cemetery while digging with excavators, sparking a huge public outcry.
In Kisii, the county government is grappling with a crisis over how to deal with the dead after a public cemetery was grabbed and turned into a farm.
The county faces the daunting task of finding a place to bury the unclaimed bodies piling up in various public and private morgues.
By 2022, Nyambera cemetery in Kisii town was full and people were burying their loved ones on top of each other.
Other places where cemetery land has been grabbed include Nakuru, Lamu, Kijabe in Kiambu, Kisumu and Nairobi.
In Nairobi, a Kadhi's Court in Nairobi has been operating and paying rent on grabbed public land that belongs to the judiciary.
The EACC is now fighting to get the land and building back.
The EACC says the property was illegally alienated and seized in 1994 before being leased back to the judiciary, which has been using it as the Kadhi's Court.
In Nyeri and Laikipia counties, the commission is investigating more than 30 plots of land grabbed by individuals, including the Chief Magistrate's official residence, land belonging to the judiciary, the Ministry of Roads and public water.
EACC has moved to recover more than 130 plots of grabbed government land in prime locations in Nyeri, Nanyuki and Nyahururu towns valued at Sh2 billion.
The EACC marked the three towns where private developers allegedly encroached on government land, including a police station, a county commissioner's residence and a bus park.
In Nyeri County, more than 60 plots of government land worth Sh1 billion will be recovered and the private developers' titles revoked.
According to the EACC, one of the plots owned by a former High Court judge was transferred from the residence of the County Criminal Investigating Officer.
A retired High Court judge is among the private developers being prosecuted for grabbing up to 130 plots of state land.
The EACC also recovered a Sh100 million bus park that had been grabbed in Nyahururu town.
In Nanyuki, Laikipia County, the anti-corruption body is investigating over 40 plots of land in prime locations, including those earmarked for the County Commissioner's residence, Nanyuki courts, a police station, prisons, chiefs' camp, Kenya National Highways Authority, Nanyuki High School and Nanyuki Polytechnic.
In Mombasa, one of the counties with the most serious cases of land grabbing in Kenya, the anti-graft agency is pursuing more than 130 cases in court to recover about Sh10 billion worth of stolen public property in the coastal region.
To date, the EACC has successfully recovered several properties in Mombasa through litigation and alternative dispute resolution (ADR), such as the Hobley Estate in Buxton area, which belongs to the Ministry of Housing and is adjacent to the Affordable Housing Project in Mombasa.
The property is valued at Sh500 million and currently houses county government employees.
Six government houses belonging to the Kenya Civil Aviation Authority (KCAA) and one belonging to the Ministry of Housing, all in Nyali/Bamburi Estate, valued at a total of Sh420 million, were also recovered.
In Kisumu and Nakuru, the anti-graft watchdog is seeking to recover land valued at Sh8 billion and Sh7 billion respectively.
Underscoring the gravity of the situation, governance expert David Kimani noted that the pervasive nature of land grabbing deters potential investors and undermines economic progress.
He advocates the adoption of robust digital land titling systems that would not only protect innocent citizens from exploitation, but also increase transparency and efficiency in land transactions.
"Massive land grabbing is scaring away investors and hampering development projects in the country. Simply put, why would investors consider buying land to build a factory if there is a threat that their land could be stolen overnight?" asked Mr Kimani.
The government's response to the land grabbing crisis is crucial to restoring order and reclaiming usurped public spaces.
In an interview, CS Wahome took a firm stance against land grabbers, vowing to hold them accountable and ensure the return of illegally acquired land.
However, the effectiveness of such measures depends on the cooperation of all stakeholders, including law enforcement agencies, civil society organisations and the general public.
"Land grabbing will not be tolerated under my watch... Those who forge title deeds should stop wasting their time and money. We will deal with land grabbers accordingly," she said.
Her Interior counterpart, Prof Kithure Kindiki, has likened land grabbers to "dangerous terrorists" and emphasised the need for a robust response to protect public utilities and amenities.
