The Institution of Surveyors of Kenya (ISK), led by their president Abraham Samoei on Friday May 12 held a press briefing at their offices addressing the rising number of real estate stakeholders’ associations seeking to regulate the sector.
According to the statement read by Mr. Samoei, the right of association as provided under the Kenyan Constitution is misused and might compromise the right to property guaranteed under Article 40.
“The Institution of Surveyors of Kenya (ISK) appreciates that the freedom of association is one of the rights and fundamental freedoms enshrined in the Constitution of Kenya 2010. However, the exercise of every right has limitations. The unbridled exercise of that right as postulated by the promoters of this initiative, we are afraid will compromise the right to property guaranteed under Article 40.
Evidently, the very entities that have fleeced Kenyans in the past, have or will, most likely join these mushrooming associations. The attempt by the said entities at hoodwinking Kenyans that they can tackle fraud in the land sector is misleading and an attempt at sanitizing some of their past activities. These claims (of power to regulate) are not founded on any enabling legislation and thus lack the legal basis for enforcement. Besides, most of the promoters lack formal training in real estate which is crucial in discerning fraud in the land sector and do not possess any professional license.” Read the statement in part.
ISK has since established that the said stakeholders’ associations are being fronted by Land Buying Companies. These Companies are involved in the subdivision of land and thus participate in the business of mass sale of land to the general public.
Numerous reports have been filed with the Land Fraud Unit at the Directorate of Criminal Investigations as most of these Land Buying Companies are run by businesspeople with little or no training in real estate.
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ISK made recommendations towards restoring the much-needed confidence in the Real Estate sector.
1.Demands that the registrar of society deregisters real estate associations run by non-professionals. Further, the registrar of society bars such registrations and only allows such if applied by the requisite professionals so as to protect the general public.
2. Demand that the Attorney General wind up all land-buying companies involved in land fraud in the past. Cases relating to the perpetrators of such fraud be expedited to restore confidence in the sector.
3. The Cabinet Secretary in charge of Lands should propose legislation to provide for the registration and regulation of land trading companies to protect public interest and wanton subdivision of agricultural lands with no viability for residential use due to lack of enabling infrastructure and amenities.
4. Appeals to Kenyans and public institutions to deal with registered estate agents licensed by the Estate Agents Registration Board (EARB).
5. Appeals to the Directorate of Criminal Investigations to expeditiously conclude investigations on land fraud and the criminals be brought to book; and Appeals to the media to desist from promoting the activities of the entities misleading the public in the land sector.
6. The County governments should enforce land use to ensure that agricultural land is not subdivided to small portions so as to enhance food production.
7. The National Assembly and the Senate should legislate on minimum land holding especially in the agricultural rich regions so as to guarantee food security and ensure appropriate land use.
