Busia Senator Okiya Omtatah has sounded the alarm over Kenya’s new privatisation law, claiming it contains loopholes that could allow the illegal transfer of public land to private investors under the guise of selling state-owned corporations.
Omtatah alleged that lawmakers inserted ambiguous clauses in the legislation that could see private shareholders in state corporations such as the Kenya Pipeline Company (KPC) automatically assume ownership of prime public land. According to the senator, the law fails to draw a clear line between privatising corporate assets and transferring the land on which those assets sit.
“Under the Constitution of Kenya, public land cannot be privatised,” Omtatah said. “You can privatise the operations or shares of an entity like KPC, but not the land it occupies. Allowing this would be unconstitutional.”
He cautioned that if left unaddressed, the provisions could pave the way for cartels and well-connected individuals to grab strategic parcels of land hosting vital infrastructure such as oil pipelines, refineries, and storage depots.
Omtatah emphasised that public land remains protected under the 2010 Constitution and cannot be converted into private property through legislation. “These land grabbers are after the land within public assets. Parliament cannot legislate for public land to be privatised,” he added.
The Land (Amendment) Law, 2024, recently signed by President William Ruto, mandates the Lands Registrar to publish a notice in the Kenya Gazette detailing any registration involving public land before final approval.
Omtatah revealed that he had intended to raise his concerns during the Bill’s debate in the National Assembly but was barred by House Standing Orders that restrict senators from contributing to deliberations in the lower house.
The controversy arises as the government moves to privatise KPC through an Initial Public Offer (IPO) on the Nairobi Securities Exchange, following Cabinet and National Assembly approval earlier this month.
