Audit Exposes Illegal Land Grab at Kenyan Prisons

Prisons across Kenya keep losing their land to people who grab it illegally. Many private folks and other groups took over thousands of acres without permission. Auditor General Nancy Gathungu found this happening at ten different prisons, putting these valuable properties at risk of being permanently lost.

Someone gave 141 acres of Shimo La Tewa prison land to 77 private people without proper legal steps. The same thing happened in Nakuru, where 628 acres belonging to the prison since 1961 went to private developers unlawfully. Churches and government offices also took pieces of this land.

Narok Prison faces similar problems. It is steadily losing almost 65 acres to private developers who built permanent commercial structures. These developers broke the prison's water supply when they vandalized a borehole located on land that ended up in private hands, cutting off water to the entire facility.

Malindi Prison can't account for 262 acres spread across two separate blocks. One section houses an unknown number of squatters. Officials never surveyed the property properly or combined the two parcels into one legal unit. The situation looks just as bad at Kisumu Medium Prison.

Private developers grabbed 377 acres from Kisumu prison. Four additional acres were given to the facility back in 1971, split into three plots that went to a church group, a court, and private developers. The Ethics and Anti-Corruption Commission is currently investigating this particular case.

The prison property lacks fencing, making it easy for anyone to enter. Local community members claim this represents ancestral land stolen during colonial times. Despite survey work being completed, the prison still has no title deed, leaving the property vulnerable to further conflict.

Kapsabet Prison lost some land when the Chief Conservator of Forests took action in 2005, based on the Ndung'u Report. That piece was later split into smaller sections given to private individuals and organizations. The prison still awaits a title deed for whatever land remains under its control.

Shikusa prison might lose all 765 acres due to fighting between the prison, Kenya Forest Service, and surrounding communities. KFS and locals insist the prison pushed into forest land and want it moved elsewhere. Political disputes continue around Kitale Prison as well.

Parliament's Public Accounts Committee ordered the removal of encroachers from 2,321 acres belonging to Kitale Prison back in May 2022. Yet nothing happened. About 424 people and groups, including high-ranking politicians and military officers, took over prison property without permission.

Thika prison reports 86 acres taken by unauthorized individuals. Five active court cases fight over who actually owns two parcels of prison land. A national task force examined these issues and suggested solutions to protect prison properties throughout Kenya.

Former Chief Justice David Maraga led a team that released recommendations last November. They want the Commissioner General of Prisons to create a committee within six months to list all Kenya Prisons Service lands and get proper titles. Government agencies must cooperate fully with this effort.

The Maraga team believes prison leadership should start fencing all institution land step by step. They recommend fast-tracking court cases about prison land and settling disputes through alternative methods when possible. They also suggest making special arrangements for prison buildings sitting on contested land and removing fees to speed up the registration process.
 

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