A recent report has brought to light the primary reason behind a lack of title deeds among the majority of landowners in Kenya. The report, published by the National Crime Research Centre, discloses that only 37% of landowners in the country possess title deeds. This situation is concerning, particularly given the increasing number of land-grabbing cases.
The report suggests that it’s not the fault of the landowners that they lack proper legal documents, placing the blame squarely on the government. According to the report, the registration of land titles throughout Kenya is the government’s responsibility, as outlined in Article 67 (2) (c) of the Kenyan Constitution.
To prove land ownership, some landowners resort to alternative documentation such as written wills, leases, share certificates, allotment letters, and sale/purchase agreements. The report breaks down the percentages of landowners using these alternative documents as follows: 2.5%, 1.4%, 19.0%, 11.3%, and 11.4%, respectively.
The National Lands Commission’s draft advisory report from 2018 reveals that less than 30% of Kenya’s total land area is registered, with approximately 4.06 million title deeds registered countrywide, covering 8,346,081.99 hectares of land.
The Baseline Survey on Land Related Crimes in Kenya recommends that state departments and agencies expedite the land registration and issuance of ownership documents. According to the report, most Kenyans acquire land through purchase or inheritance, while other methods mentioned include gifting and leasing.
The report also highlights a gender imbalance in land ownership, emphasizing that men are significantly favored in Kenya when it comes to controlling productive assets like land.
