NAIROBI, Kenya – A new report by the Public Accounts Committee (PAC) has revealed that Parliament continues to struggle in securing legal ownership of several key properties, three years after the issue was first flagged by the Auditor-General.
The committee’s findings indicate that while some properties have been registered, many crucial assets remain without proper titles, raising concerns about the ability of the Parliamentary Service Commission (PSC) to safeguard these high-value properties.
Among the properties still lacking title deeds are Parliament’s main buildings and grounds, including the Jomo Kenyatta Mausoleum, Juvenile Court Building, County Hall, and Protection House.
These key assets are central to Parliament’s operations, yet their legal ownership remains unresolved.
The issue was first raised in 2022, when the Auditor-General’s audit of the Parliamentary Service Commission’s (PSC) accounts revealed that several buildings managed by the PSC could not be legally proved to be owned by the commission.
Despite managing these buildings, they were still registered under the Commissioner of Lands, a legacy of the old system where government properties were owned by the Commissioner rather than the respective managing agencies.
Jeremiah Nyegenye, PSC Secretary, explained that while the PSC controls the buildings, they are still legally under the jurisdiction of the Commissioner of Lands.
This is due to a shift in the law, which now mandates that each agency must hold the titles for properties it manages.
“This has led to complications, as PSC must now seek new title documents for all buildings under its control,” Nyegenye stated.
He added that the commission had made several requests to the Ministry of Lands and the National Land Commission but had yet to receive a final response on the matter.
The committee’s report recommended that the Parliamentary Service Commission complete the acquisition of the title documents within six months of the adoption of the PAC report.
However, as of the report’s publication, no progress had been made on this issue.
Among the properties still facing legal uncertainty are Parliament’s stores and parking area, residences for the Speakers of Parliament, CPST new block, Imani House, Bunge Tower, Continental House, Red Cross Building, County House, and Protection House.
While all of these are important to the functioning of Parliament, the most significant concern remains the legal status of the Parliament buildings and their surrounding grounds, which hold immense national value.
One of the most complicated cases involves Protection House.
Although it was handed over to the PSC by the Office of the President, it is still registered under the National Treasury.
The Treasury has refused to transfer the title to PSC unless it is paid the full market value.
However, the PSC has requested that the building be transferred at a nominal fee, and negotiations are still ongoing.
The Treasury’s position has delayed the transfer process.
The PAC report underscores the need for clarity and accountability regarding the management of Parliament’s assets and calls for urgent steps to resolve these legal issues.
The committee has also suggested that Parliament consider implementing an asset management policy to clearly define responsibility over its properties moving forward.
