Chief Justice Martha Koome

Kenyan dignitaries, including Hon.Martha Koome, Chief Justice & President of the Supreme Court of Kenya, Deputy Chief Justice Philomena Mwilu, and Cabinet Secretary Alice Wahome alongside other stakeholders, gathered at the Milimani Law Courts on Monday 5th February 2024 to witness the inauguration of the Nairobi Land Justice Working Group. This collaborative effort, operating under the theme “Expediting Land Justice through a People-Centered Approach,” seeks to address longstanding land disputes in Nairobi County.

Hon.Koome acknowledged the challenges hindering timely resolution of land matters, commending the Environment and Land Court (ELC) for embracing a multi-sectoral approach to reduce case backlogs. “These challenges of accessing justice, compounded by the unique dynamics of land disputes in Nairobi, demand a concerted and innovative approach to land justice administration. We must work with the Court Users Committee (CUC) and all stakeholders to find lasting solutions to land issues in Nairobi, ” she said.

The ELC was established under the Constitution of Kenya 2010 as a specialized and superior court tasked with hearing and determining disputes related to the environment,use and occupation of land, and title to land issues.

Tackling Root Causes and Systemic Challenges

The newly formed working group will focus on five key objectives:

● Identifying the root causes of land disputes within the identified Nairobi’s five zones and proposing effective interventions.
● Identifying systemic challenges in the administration of land justice in Nairobi City County and recommending appropriate and effective interventions.
● Formulating guidelines to be implemented in addressing endemic land issues in Nairobi City County.
● Expediting land justice through adoption of innovative, effective and appropriate approaches to justice including but not limited to alternative Justice Systems and Court Annexed Mediation.
● Engaging the public and stakeholders in consultative sessions.

Speakers highlighted the historical complexity of land matters, referencing the biblical story of Cain and Abel as a symbolic reminder of the long-standing struggles for land ownership. Nairobi, they noted, faces specific challenges like double allocation of title deeds, land survey errors, public land encroachment, informal settlements, zoning issues, and fraudulent activities.

Justice for Victims, Especially Vulnerable Groups

While addressing the stakeholders, Cabinet Secretary Ministry of Lands, Public Works, Housing, and Urban Development Hon. Alice Wahome emphasized the need to protect vulnerable groups, particularly women, the elderly, and widows, who are often targeted by unscrupulous individuals. She pledged her ministry’s collaboration with the working group and the judiciary to ensure justice prevails. Hon.Wahome also announced a goal of issuing 420,000 title deeds by the end of 2025.

Looking Ahead: Optimistic Expectations

The launch of this working group raises hope for expeditious resolution of land disputes, strengthened rule of law, fairer legal interpretations, increased investor confidence, consistent court rulings, optimal land utilization, improved social order, peaceful co-existence, and positive social transformation within Nairobi County.