The Afya House which hosts the Ministry of Health in Nairobi.
The Ministry of Health lacks title documents for the land on which its headquarters, Afya House and the adjacent Afya Annex building stand, a parliamentary committee has been told.
This revelation comes amid reports that eight acres of land belonging to Mathari Teaching and Referral Hospital have been encroached upon by an undisclosed private developer who has erected a temporary fence on the unfenced portion of the property.
Medical Services Principal Secretary Harry Kimtai informed the National Assembly’s Public Accounts Committee (PAC) that the Ministry had failed to disclose its land and buildings in financial statements for the year ending June 2023.
Appearing before the committee, chaired by Butere MP Tindi Mwale, Mr Kimtai stated that the Ministry is in the process of acquiring the necessary ownership documents.
“It is true that the Ministry did not disclose land and buildings in its financial statements. This is mainly because a valuation has not yet been conducted,” Mr Kimtai said while responding to audit queries raised by Auditor-General Nancy Gathungu.
“The Ministry of Health owns land at Afya House, where its headquarters are located, as well as at Afya Annex, and the process of acquiring the requisite ownership documents is ongoing,” he added.
Ms Gathungu raised concerns over the undisclosed land and buildings, pointing out that annex 1 of the financial statements reflects a nil land balance.
She noted that the Ministry possesses various parcels of land across the country, including land for the ongoing construction of cancer centres in Mombasa, Nakuru, and Garissa.
“However, a list of these parcels of land and buildings, along with ownership documents, was not provided for audit,” the Auditor-General stated in a qualified audit opinion for the State Department of Medical Services for the 2022/23 financial year.
“Additionally, excluded from the balance is land and buildings along Cathedral Road, Nairobi, where the Ministry of Health headquarters are located,” she added.
Mr Kimtai clarified that the Ministry does not own the land where cancer centres are being constructed in Mombasa, Nakuru, and Garissa. He explained that the national government, through the Ministry, is assisting county governments in building and equipping the facilities, which are then transferred to the respective counties that provided the land.
“We have requested the Ministry of Lands to assist with the valuation of our land and the issuance of ownership documents,” Mr Kimtai said.
Committee chairperson Mr Mwale pressed Mr Kimtai on measures being taken to protect government land from encroachment by private developers.
“This is how government land is lost. When you do not disclose the land and buildings in financial statements, it becomes problematic,” Mr Mwale said.
Funyula MP Ojiambo Oundo demanded to know whether the Ministry maintains a list of all its land parcels, regardless of whether they have title deeds.
“You cannot claim ownership of land without title documents, geo-referencing, or index maps. The document you have presented as a draft asset register does not constitute an actual asset register,” Mr Oundo said.
Soy MP David Kiplagat questioned the current ownership status of the land on which Afya House and Afya Annex stand.
“What is the current status of Afya House? You could be squatting on someone else’s land. From whom are you seeking a transfer of ownership? Is it the Ministry of Lands or the National Land Commission (NLC)?” Mr Kiplagat asked.
Bura MP Yakub Adow criticised public officers for failing to secure ownership documents for prime government land.
Mr Kimtai assured the committee that the State Department would undertake a search on the land where Afya House and Afya Annex stand and apply for title documents from the NLC.
“I agree that we need to start with the search to confirm whether the land is public. The Lands Ministry will guide us on the process for securing ownership documents,” he said.
Regarding the encroached Mathari Teaching and Referral Hospital land, the Auditor-General noted that the Ministry owns a parcel measuring approximately 34.3 hectares, whose value remains undetermined.
Ms Gathungu stated that physical verification confirmed the land was partially fenced by the Nairobi Metropolitan Service (NMS), while an undisclosed developer had erected a temporary fence on the unfenced portion.
Mr Kimtai clarified that the Ministry owns parcel No. 42/13/97/3, which houses Mathari National Referral Teaching & Hospital, measuring approximately 31.3 hectares.
He added that the Ministry would seek support from the Ministry of Lands to resurvey the property to determine the fate of the missing four hectares (equivalent to eight acres).
