A vicious war is brewing between Kiambu Governor Kimani Wamatangi and the management of mixed-use developer Tatu City after the county boss refused to approve its master plan for the third time.
Mr Wamatangi insists that Tatu City must cede 54 acres of land for social and public amenities and the construction of the governor's official residence.
But Tatu City, through its property development arm Rendeavour, insists that the demand is unconstitutional because it is a private developer and there are no laws in place to compel investors to cede such land.
In addition, Tatu City points out that if Kiambu County wants such land, it will have to part with the market value of Sh4.3 billion for the 54 acres it wants.
But Mr Wamatangi has defended the decision in a statement, saying the developer is bound by laws that require it to give up land for public and social amenities.
“Section 55, 58 and Schedule 7 of the Physical and Land Use Planning Act, guides the subdivision, amalgamation and surrender of public land. These regulations mandate private developers to allocate land for public utilities such as schools, hospitals, fire stations, recreational areas, police stations, playgrounds, and other public facilities,” he said.
Regulation 10 (2) of the Physical and Land Use Planning (Development Permission and Control) (General) Regulations 2021 reads: “Where required by the County Executive Member, suitable and adequate land shall be surrendered by the applicant at no cost to the county government for open spaces, amenities, recreational facilities, road reserves, and a public purposes relating to the area to be subdivided, or for road widening.”
“It is important to note that the 54 acres requested is just a drop in the ocean of the 406 acres that were earmarked for public use during the approval of the initial master plan. For land of approximately 5,000 acres, the expected land to be surrendered for public use ought to be 10 per cent of 500 acres. Since its formation 14 years ago, Tatu City has not surrendered any part of this land to the County Government of Kiambu as prescribed in law,” Mr Wamatangi said in a statement.
The governor said the requested 54 acres would include 10 acres for social housing to accommodate low-income workers within the complex; 44 acres for a stadium, community centre, social hall, hospital and administrative offices.
The remaining two acres, he said, were for the construction of the governor's official residence, which the county insists will be a public facility.
An exchange of letters between Kiambu County Land, Housing and Physical Planning and Tatu City, dated July 8, 2024, and seen by the Nation, shows that Governor Wamatangi is basing his decision not to approve the Tatu City master plan on the fact that what he is demanding from the developer is an encroached public land that will be hived off and made into a private investment hub.
“Notably, the Tatu City Master plan consists of areas reserved for public purpose use which therefore should be vested in the County government in accordance with Article 62(2) of the Constitution of Kenya (2010) which provides that all public land shall vest in and be held a county government in trust for the people resident in the county,” the letter written by Salome Wainaina County executive for Land, housing and Physical planning reads in part.
Rendevour, denies such claims, insisting that they legally own and control full ownership of the land and that it was not bought or given to them by the government but through a private company.
Neither Tatu City nor Rendevour has ever gone to court to challenge Kiambu County's position that part of their land is public land.
Preston Mendenhall, Rendevour's Chief Operating Officer and Kenya Country Head, told reporters in Kenya's capital Nairobi on Wednesday that Wamatangi wants to build his and his deputy's residence on the disputed land, as well as schools, hospitals, stadiums and other public facilities.
"103 acres is what has been set aside for public-purpose land at Tatu City... if the government wants to acquire it.. we would engage an independent valuation at market price, and we would engage the governor and the government to acquire that,'' Mr Mendenhall told journalists at Norfolk Hotel.
Wamatangi told the Daily Nation on Thursday morning that the latter was guided by a circular from the Salaries and Remuneration Commission
(SRC) dated May 20, 2019, which seeks to reduce wastage in the accommodation of governors and their deputies and instead establish a permanent residence for serving and future governors and their subordinates.
County governments paying rent
“The deadline for county governments paying rent to the affected state officers has been extended to 30th June 2022 to allow those counties who have not started the construction of the houses time to allocate funds and prioritise construction. The acreage limits for the construction of the houses for the Governor is up to two acres and up to one acre for the deputy Governor and County Assembly speaker,'' reads part of a circular dispatched to County Secretaries and clerks of County Assemblies by SRC dated June 30, 2022.
In a separate statement, Governor Wamatangi claims he will not approve the Tatu City master plan until they release land for public use.
“I went to that place called Tatu City, and I met the investors who, for the past 14 years, have been building factories, residential and commercial houses, as well as selling land in Kiambu County, which is a good thing that we support because it creates jobs. But the law says that if you acquire land for development, you must set aside a portion for public purposes, which they have never done,” Mr Wamatangi said.
He added, “But when I told them so, they decided to team up with people who have been moving around, soiling our name. But I am not changing my position regardless of the mud-sliding campaigns and blackmailing through false allegations. They must surrender land where the government will build schools, hospitals, playgrounds, and other social amenities to serve the people who are investing, working, and living in Tatu City because that is the law,” he added.
