Addressing land issues amid the new stamp duty

The Lands and Physical Planning principal secretary’s directive regarding stamp duty on land transfer in gazetted cities and municipalities. It is effective immediately and imposes a four per cent stamp duty on land transfers in accordance with the Stamp Duty Act.

First, the absence of land registrars in some regions exacerbates land administration challenges. Without proper oversight and documentation, unregistered community land faces increased vulnerability to disputes and encroachment. Besides, the lack of title deeds hampers the establishment of clear ownership rights and legal property transfer.

In northern Kenya, where communal land tenure prevails, it could significantly affect land transactions and exacerbate tenure insecurity. With many communities reliant on customary land tenure practices, higher stamp duty may discourage formal land transactions and worsen land grabbing.

Several key measures thus need urgent attention.

One, poor network coverage in the north will hamper the effective use of the Ardhisasa portal, which requires a strong 4G network. Two, comprehensive land planning and surveying initiatives would accurately map and delineate community land boundaries, thus facilitating registration and formal recognition of communal land rights, hence legal protection and equitable access to resources.

Three, fast-tracking the registration of community land would secure land tenure rights and mitigate conflicts. Community land registries would ensure transparent documentation of land holdings, enhancing accountability and reducing land disputes.

Four, streamline issuance of title deeds, particularly in regions with high levels of unregistered land. That would not only enhance tenure security but also unlock economic opportunities and stimulate investment in land development.

Five, robust civic education campaigns are essential to raise awareness among communities of their land rights and legal obligations. Public participation in land governance fosters inclusive decision-making and strengthens community resilience against land-related injustices.

Six, the national government should facilitate payment of charges in lieu of rates (CILORs) owed to the counties, which have accumulated to billions of shillings. Seven, the two levels of government must collaborate and coordinate for a smooth transition of land administration and governance.

Implementation of the revised stamp duty, while it aims to enhance revenue collection and streamline land transactions, must be accompanied by comprehensive reforms in land governance. Addressing the underlying challenges of unregistered community land, inadequate land administration and tenure insecurity requires a multi-faceted approach that prioritises planning, registration, ownership rights and community participation.

Failure to address these issues risks perpetuating land tenure inequalities and undermining sustainable development efforts in diverse regions and make enhanced revenue collection a pipe dream.

Mr Alio is the CECM Lands in the Mandera County government. [email protected].