Omtatah flags illegalities in affordable housing land deals

Senators have raised concerns over the irregular development of affordable housing projects on public and community land following a revelation from the Auditor General's report. 

Busia Senator Okiya Omtatah said that grave concerns have arisen from the Auditor General's report on the affordable housing programme, which reveals that numerous projects have been undertaken without lawful allocation, proper documentation or adherence to established legal procedures. 

Omtatah told the house these actions contravene constitutional provisions, particularly Articles 10, 40, 60, 62 and 63 on national values, property rights and land management. They further breach the Land Act, the Land Registration Act, the Community Land Act, the Public Finance Management Act and the Physical and Land Use Planning Act. 

“These actions point to systemic lapses within the implementing agencies, including the State Department of Housing and Urban Development and the National Land Commission, which is why I am seeking a statement from the Senate Committee on Land, Environment and Natural Resources on this matter of national concern,” said Omtatah. 

The Busia Senator told the house that the Senate Lands Committee should seek a comprehensive register of all affordable housing projects flagged by the Auditor General as lacking proper land ownership documentation, with details on allocation and implementation status. 

Omtatah said the Senate should be informed of the legal status of land on which these projects sit, confirming whether due process was followed in allocation, reservation or conservation and compliance with constitutional requirements for public participation and consent, particularly in relation to community land under the Community Land Act.

He sought to know the steps taken to regularise land ownership, including issuance of valid titles or leasehold interests to secure beneficiaries' rights and actions taken against culpable officers or entities and detailed preventive measures to ensure strict compliance with land laws, planning standards and public finance management in the current and future projects. 

“The Senate should be informed on whether investigations have been initiated by relevant oversight and enforcement agencies, including the Ethics and Anti-Corruption Commission and the House should be provided with their current status,” said Omtatah. 

Nandi Senator Samson Cherarkey told off Omtatah to task, saying that it was very unfortunate that leaders of his calibre continue to misinform the public, stating that the flagship affordable housing project under President William Ruto’s tenure is one of the best. 

Cherarkey told the house that Article 43 states that every Kenyan has a right to housing; therefore, the fact that the Government is intending to build 273,000 housing units in the country is very critical and it was important to note that more than 9,000 affordable housing units have been completed up to now. 

The Nandi Senator said that affordable housing is trying to bring dignity and honour to many Kenyans who live in slums with the slum upgrading, which is for the first time in every county, including Meru, Nandi and in Busia, where Senator Omtatah comes from. 

“We are looking at the projection that one million Kenyans will have access to affordable housing projects in this country and 330,000 jobs have been created in the country. It is unfortunate that such statements can come to the Floor of the House even if you want to score political points,” said Cherarkey. 

The Nandi Senator said that it was worth noting that Busia County has five affordable housing projects, Busia Agricultural Training Centre (ATC), Funyula Affordable Housing and Nasewa Affordable Housing Programme that is ongoing, stating that leaders should be honest in the country.