Nakuru Pledges Land Lease Renewals For Compliant Institutions

By Our Correspondent

Nakuru will support land lease renewals for public social clubs that follow the required procedures, Lands Executive John Kihagi has said.

Kihagi spoke as county officials presented renewed lease instruments to Nakuru Athletic Club, which is marking 100 years since its founding in 1926.

The County Executive Committee Member for Lands and Physical Planning said the administration would work with institutions that comply with the law and complete the required steps when seeking lease extensions or renewals.

“The County Government remains committed to working with all institutions and entities that adhere to the law and follow the requisite legal procedures,” he said.

Chief of Staff Peter Ketyenya said the county had also approved lease extensions for Rift Valley Sports Club and Nakuru Golf Club after the two institutions met the required conditions.

He said decisions on land occupied by public social clubs were guided by the interests of Nakuru residents and the county’s duty to protect public assets.

Nakuru Athletic Club chairman George Nyamu thanked Governor Susan Kihika and the county administration for supporting the club’s application. He said county officials helped facilitate the process that led to the lease extension.

The renewal comes as the club marks its centenary. Located in central Nakuru City, the club has operated as a multipurpose sports and recreation facility since 1926.

It has also been linked to the development of rugby in Kenya and has hosted Prinsloo Rugby events, giving it a place in Nakuru’s sporting history.

Kenyan law gives both the National Land Commission and the relevant national or county government roles in processing leases involving public land.

Article 62 of the Constitution says specified categories of public land are held by county governments in trust for county residents and administered on their behalf by the National Land Commission. Article 67 says the commission shall “manage public land on behalf of the national and county governments”.

Under the Land (Extension and Renewal of Leases) Rules, an application for an extension may be submitted to the National Land Commission through its office in the relevant county at any time before a lease expires.

Where a county government is the lessor, the commission must forward the application to the County Executive Committee Member responsible for land within seven days. The county executive must then approve the extension for a specified term and subject to stated conditions, or reject it and give reasons, within 90 days of receiving the application.

Factors considered include clearance of land rates and rent, existing encumbrances on the title, and evidence that the applicant has complied with the terms and conditions of the existing lease. Applications by companies must also include information on directors, citizenship, and shareholding.

An applicant seeking renewal before a lease expires must also apply through the commission’s county office. The rules allow the national or county government to decline a renewal where the land is needed for a public purpose, but the applicant must be informed of the decision and the reasons.

Once a renewal is approved, the National Land Commission may require the land to be revalued to determine rent and other charges. The parcel may also have to be re-surveyed and geo-referenced before a new letter of allotment and lease are issued.

The Physical and Land Use Planning regulations require authorities considering an extension or renewal to assess compliance with previous development conditions, land-use plans, and zoning rules. They may also consider environmental conservation, planned infrastructure, and the applicant’s capacity to develop the property under the applicable conditions.

A lessee whose application is rejected may appeal to the National Land Commission within 30 days of receiving the decision. The appeal is then referred to an independent committee set up at the county level, and a dissatisfied party may make a further appeal to the court.