The Ndungu Report: 20 Years Later, the Grabbed Land That Was Never Returned

In 2004, a commission led by Paul Ndungu delivered one of the most damaging assessments of land governance in Kenya's post-independence history. The report documented what had happened to public land, forests, road reserves, school grounds, riparian reserves, and beach plots across the country.

The finding was stark: over 200,000 acres of land that belonged to the public had been illegally or irregularly allocated to private individuals, companies, and politically connected entities. The commision recommended revocation of hundreds of titles and repossession of the affected land.

Twenty years later, most of that land is still in private hands.

---

What the Ndungu Commission Found

The commission examined land allocations made from the 1960s through to the early 2000s. It identified several patterns of grabbing.

Public utility land, including land set aside for schools, hospitals, public parks, and government offices, was allocated to private parties without compensation to the public or alternative provision for the intended use.

Forest land was excised from gazetted forests through legal instruments that the commission found were improperly obtained. Large portions of Karura Forest in Nairobi, coastal forests, and water catchment areas appeared in the report.

Road reserves and riparian buffers were allocated despite legal restrictions on their development. Many of these parcels are now occupied by housing estates, commercial buildings, and gated communities.

Beach plots along Kenya's coastline, particularly in Mombasa, Kilifi, Kwale, and Lamu, were allocated to private parties who then developed or sold them, displacing communities that had historically used the beaches.

The commission compiled specific lists of titles it recommended for revocation. It named individuals, companies, and in some cases government officials who had received allocations. It documented the values involved and the public losses.

---

Why Most of It Was Never Reclaimed

The commission's report was received. A government committee was formed to implement its recommendations. And then, for the most part, implementation stopped.

The reasons are not mysterious. Many of the recipients of grabbed land were politically connected. Some held positions that allowed them to resist action against themselves. The legal process of revoking a registered title requires court proceedings, which take years and are expensive. Landholders whose titles were recommended for revocation challenged the process in court, obtaining injunctions that blocked revocation.

Some titles that were in the revocation list were transferred to new owners before any action could be taken. Those new owners argued they were bona fide purchasers for value without notice, and courts in several cases agreed. The original grabbing did not infect the title when it reached a clean buyer in good faith, at least in those cases.

The National Land Commission (NLC), established by the 2010 Constitution and the National Land Commission Act 2012, inherited the mandate to address historical injustices in land allocation. Section 14 of the NLC Act gives the commission authority to investigate land held by public bodies and to recommend restitution.

But the NLC's progress on Ndungu-linked parcels has been slow. It lacks enforcement powers and must refer its recommendations to the Attorney General or the courts. Funding constraints and political pressure have further limited the pace of action.

---

What This Means for Today's Buyers

The practical consequence of two decades of incomplete implementation is that some of the land identified in the Ndungu report has changed hands multiple times. Each sale has added another layer of apparent legitimacy.

A buyer purchasing land in Nairobi's Ngong Road corridor, near Karura, along the coast, or in other areas the commission examined may be buying land whose root of title traces back to an irregular or fraudulent allocation. The official search will show a clean title. The seller may have acquired the land in apparent good faith.

But if the National Land Commission or a successor government decides to move on revocation, or if the original affected community or institution brings a fresh court challenge, the current registered owner can find themselves defending a title that was built on flawed foundations.

The Supreme Court's ruling in Dina Management Ltd v County Government of Mombasa [2023] KESC 30 is directly relevant here. The court confirmed that official searches do not reach the root of title, and that a title obtained through illegality or irregular allocation does not become unimpeachable simply because it was registered.

---

How to Check if a Parcel Has a Grabbed-Land History

There is no single public database that maps every parcel identified in the Ndungu report to its current land reference number. The report was published in full, and it is available through the Kenya National Archives and has been reproduced by several civil society organisations. Some affected parcels are identifiable by the names of the original allocation recipients.

The NLC publishes lists of parcels under inquiry from time to time in the Kenya Gazette. Checking the Gazette history for a parcel is one step in identifying whether it has been flagged.

The most practical check for a buyer is to investigate the root of title. This means not just looking at who the current registered owner is, but tracing the history of the title back to the original allocation event and verifying that each step was proper. This is exactly the type of investigation that the Supreme Court in Dina Management said must be done.

---

What the NLC Is Currently Doing

The National Land Commission conducts inquiries under Section 14 of the NLC Act. Between 2014 and 2024, it has concluded several inquiries and submitted recommendations to the Attorney General and the Cabinet Secretary for Lands.

In Mombasa, it has investigated beach plots and coastal land. In Nairobi, it has examined land in Embakasi, Lang'ata, and along road reserves. In Kisumu, it has looked at lakeside land and riparian allocations.

The NLC's 2022 and 2023 annual reports confirm that investigations are ongoing and that some historical cases are being revived. For buyers in the areas most affected by the Ndungu report's findings, the NLC's current workplan is relevant due diligence information.

---

Before Buying in a High-Risk Area

The Ndungu Commission's areas of concern overlap with some of the most commercially active land corridors in Kenya today, particularly around Nairobi, the Coast region, and major urban centres.

A Litmus verification report covers title history, encumbrances, and registered cautions. For parcels where the root of title is uncertain, the report examines the history back beyond the current owner. The standard report is KSh 21,500. Field verification with a named agent is KSh 25,500. Ongoing monitoring to catch any new orders, cautions, or NLC notices is KSh 5,200 per month.

Order at litmus.co.ke before you commit to any purchase in these corridors.

---

This article is for general information only and does not constitute legal advice. Consult a qualified Kenya advocate for specific guidance on title history investigation.