The Kiambu County Government in Kenya has become embroiled in a dispute with Tatu City, a major private developer, over land allocation for public amenities. Governor Dr. Kimani Wamatangi has accused Tatu City of making “misleading and malicious claims” regarding delays in approving their revised master plan, while insisting on the developer’s legal obligation to surrender land for public use.
At the heart of the controversy is Tatu City’s application to revise its master plan for a 5,000-acre development project. The county government contends that the developer has significantly reduced the land allocated for public amenities from 406 acres to 103 acres, falling short of the legal requirement.
“For land of approximately 5,000 acres, the expected land to be surrendered for public use ought to be 10 percent, which translates to 500 acres,” Governor Wamatangi stated in a press release. He emphasized that this allocation is crucial to address the needs of low-income workers and the broader community in Ruiru municipality and Kiambu County.
The governor’s statement comes in response to allegations made by Preston Mendenhall, Chief Operating Officer of Tatu City, during a recent press conference. Wamatangi expressed dismay at what he perceives as an attempt to tarnish his administration’s reputation through “grossly distorted information.”
The county government’s demands are rooted in the Physical and Land Use Planning Act 2019 (PLUPA) and the Physical and Land Use Planning Regulations 2021. These laws mandate private developers to allocate land for public facilities such as schools, hospitals, fire stations, and recreational areas.
“The law mandates private developers allocate land for public facilities such as schools, hospitals, fire stations, recreational areas, police stations, playgrounds and other public utilities. That is what we are demanding from Tatu City,” Wamatangi explained.
The governor has specifically requested Tatu City to surrender:
– 10 acres for social housing to accommodate low-income workers
– 44 acres for a stadium, community centre, social hall, hospital, and administration offices
– 2 acres for the construction of the Governor’s Official Residence
Wamatangi strongly refuted claims that the county government is seeking land for private use. “Contrary to their allegations, my administration is not seeking land for personal or individual use,” he asserted. The governor cited the Land Registration Act 2012, which stipulates that land surrendered for public purposes must be registered in the name of the County Government or the Cabinet Secretary responsible for finance matters.
The dispute highlights the challenges of balancing private development interests with public needs in rapidly growing urban areas. Tatu City, operational for 14 years, represents a significant investment in Kiambu County. However, the county government argues that the developer has yet to surrender any land for public use as prescribed by law.
This standoff raises questions about the enforcement of planning regulations and the role of county governments in shaping urban development. It also underscores the potential tensions between attracting investment and ensuring adequate public infrastructure and services.
Despite the public nature of the dispute, Governor Wamatangi expressed a willingness to engage in further dialogue. “Our doors remain open for constructive engagement with all investors including Tatu City,” he stated, adding that the county government had invited Tatu City’s management to a meeting on July 16, 2024, to address pending matters.
