Busia Senator Okiya Omtatah has formally called for a Senate investigation into the alleged irregular allocation of public and community land for affordable housing projects, cautioning that the initiative could be exploited as a vehicle for land grabbing.
In a statement presented to the Senate, Omtatah referenced observations from the Auditor-General’s report on the Affordable Housing Programme. The report reportedly raised concerns over several projects, citing the absence of valid land ownership records and non-compliance with legal requirements related to land allocation and public participation.
Sharing the statement on X, Omtatah warned against the misuse of the initiative, saying, “Affordable housing cannot become a cover for land grabbing.
“The Auditor General has flagged projects built on public and community land without proper ownership records, legal processes, or public participation. Kenyans deserve answers,” he added.
The senator said he was seeking a statement from the Senate Standing Committee on Land, Environment and Natural Resources over concerns surrounding the implementation of the housing projects.
According to the statement, the projects are alleged to have been undertaken “without lawful allocation, proper documentation or adherence to established legal procedures.”
Omtatah argued that the reported irregularities contravene several constitutional provisions, including Articles 10, 40, 60, 62 and 63, which relate to national values, property rights and land management.
He further claimed that the projects may have breached provisions of the Land Act, Land Registration Act, Community Land Act, Public Finance Management Act and the Physical and Land Use Planning Act.
The senator pointed to what he described as “systemic lapses” within implementing agencies, including the State Department for Housing and Urban Development and the National Land Commission.
In his request, Omtatah wants the committee to provide a comprehensive register of all Affordable Housing projects flagged by the Auditor-General for lacking proper land ownership documentation, including their locations and implementation status.
He also called for clarification on the legal status of the land where the projects are situated, and whether due process was followed in their allocation, reservation or conservation.
The senator further demanded details on compliance with constitutional requirements for public participation and consent, especially where community land is involved under the Community Land Act.
Additionally, Omtatah sought an explanation on steps taken to regularise land ownership through the issuance of valid titles or leasehold interests to secure the rights of beneficiaries.
He also asked the committee to disclose actions taken against any culpable officers or entities and outline measures being implemented to ensure future compliance with land laws, planning standards and public finance management regulations.
Further, the senator questioned whether investigations had been initiated by oversight and enforcement agencies, including the Ethics and Anti-Corruption Commission, and requested updates on their status.
“Public land is not for plunder. Accountability must come before construction,” Omtatah stated.
