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Foreign Citizens, Investors Left in Limbo: Are Property Rights Under Threat in Kenya?

Foreign Citizens, Investors Left in Limbo: Are Property Rights Under Threat in Kenya?

Franklin has missed out on cashing in on gains made and he cannot relocate, as planned, without getting a proper title on his property.

Land experts in the country agree that the delay in setting up structures is a concern but say that while it may be taking longer than what is reasonable, the end-goal of assuring private property has never been jeopardized.

“It could not be done as fast as they would have liked…the land commission took a lot of time to set up,” said Prof. Johnstone Kiamba, a director at the Land Development and Governance Institute. The civil society organization advocates for and conducts research on land issues.

“His property is well protected,” Kiamba told AFKInsider.

Land experts also say that the delay has a hidden cost even for those at the bottom of the pyramid who cannot afford to buy land.

Due to the emotive and political twist it carries, in addition to the prohibitive price, land is cited as one of the biggest issues when it comes to investing in Kenya.

The country is trying to attract foreign direct investment but for an investor, local or foreign, to put down a dollar he or she needs certainty — which is not assured until the government can shape up, streamline operations and issue titles quickly.

“But the investors need suitable land under leases for duration sufficient to incubate business and make profits,” Mwenda Makathimo, a land expert and regular columnist, said in a Business Daily article. “The investors need to feel secure with land leases and subsequent agreements for its use.”