Auditor General Nancy Gathungu has revealed that 16 ministries, departments and agencies (MDA’s) do not have land ownership documents.

In a report for 2023/24 financial year, Gathungu said in the absence of title documents, it has not been possible for her office to ascertain all the properties belonging to the respective MDAs.

Reads the report: “The Ministry of Lands and Physical Planning, the National Land Commission and the National Treasury should work together to resolve the issue of public land owned by State departments and other government entities.”

For instance, Internal Security and National Administration department did not provide ownership documents for various parcels of land spread across the country, including the land where Harambee House and Nyayo House sit on.

Government departments

Harambee House hosts Sheria House, Office of the President, the Ministry of Interior and National Administration, the Ministry of Public Service and Human Capital Development, and the Office of the Chief of Staff and Head of the Public Service.

Nyayo House hosts government departments such as immigration (the State Department for Immigration that supplies passport, Border Control, and Regulation of Persons) and also serves as the headquarters of Nairobi Region.

The National Police Service (NPS) and the Independent Electoral and Boundaries Commission (IEBC), the report says, do not have ownership documents for various parcels of land spread across the country.

The State Department for Housing and Urban Development, the report says, does not have ownership documents for land for the affordable housing projects whose contract sum amounts to Sh49.45 billion.

As of December 2024, the government had collected Sh88.7 billion from the Housing Levy that used to support the construction of the said houses, with Sh46 billion invested in Treasury bills instead of directly funding housing project

Reads the report: “In the circumstances, it could not be confirmed on how the sectional titles would be processed without the original land ownership documents and this could hinder the Affordable Houses sale to the public.”

The report says the state Department of Foreign Affairs does not have ownership documents for the Kenya Mission in Tel Aviv, Israel.

Under the State Department for Medical Services, the report says that the department did not provide a title deed for the parcel of land where Ministry of Health headquarters building is located while under the State Law Office and Department of Justice, the report shows that the Office did not provide a sale agreement and title deed for a parcel of land in Malindi.

With regards to the State Department for Correctional Services, the report shows the department does not have ownership documents for various correctional facilities.

About ten parcels of land owned by various correctional facilities have been encroached on by individuals, churches and government entities.

The pieces of land are located in Thika, Narok, Nakuru, Malindi, and Kisumu.

Reads the report: “Several parcels of land owned by various correctional facilities have been occupied by unauthorized individuals. Verification of the situation in the month of November 2024 revealed further additional encroachment. In the circumstances, the ownership, safeguarding and security of the prison’s land and other assets could not be confirmed.”

The state department for Agriculture, the report shows that the Department does not have ownership documents for land where a grain storage and drying facility at Mogogosiek in Bomet County is constructed.

Further, it raises concerns that the Department does not have ownership documents for land where Homa Bay ATDC Office block is constructed.

Ownership documents

The State Department for the Blue Economy and Fisheries, the report says, did not provide ownership documents for various parcels of land spread across the Country while the Teachers Service Commission (TSC) does not have title deeds for eight parcels of land.

The state Department for Mining does not have ownership documents for land where Kwale regional office is locate.

Further, the report says that ownership documents for land where Wundanyi Youth Resource Centre is being constructed were not provided.

With regards to the State Department for Social protection and Senior Citizen Affairs, the report says that the Department did not provide ownership documents for Othaya Rehabilitation School.