Okiya Omtatah Claims Privatisation Law Could Enable Public Land Grabbing

The Okiya Omtatah privatisation law debate has intensified after the Busia Senator warned that the recently enacted Privatisation Act could expose public land to illegal acquisition. Omtatah alleged that certain clauses in the law, signed by President William Ruto on October 15, 2025, may allow private investors to gain control of land owned by state corporations.

Omtatah Warns of Hidden Risks in the New Law

Speaking in Busia, Omtatah said lawmakers inserted ambiguous provisions that could enable private shareholders acquiring state-owned firms, such as the Kenya Pipeline Company (KPC), to automatically take over public land. He warned that authorities could misuse these sections. They could transfer ownership of key national infrastructure property. This property stretches from Mombasa to Malaba.

The senator described the new legislation as a “concealed scheme” to convert public land into private holdings, arguing that it lacks safeguards to separate corporate assets from the land on which they sit.

Constitutional Limits on Public Land Transfer

Omtatah stressed that Kenya’s Constitution expressly prohibits the privatisation of public land. “In privatising Kenya Pipeline Company, you cannot privatise the land it sits on; you can only privatise everything except the land,” he said.

He cautioned that allowing the provisions to stand could embolden cartels and politically connected groups to seize strategic national assets, including refineries, depots, and pipelines. “These land grabbers are after the land that is in public assets,” he said, insisting that Parliament cannot legislate to privatise public land.

Land (Amendment) Law Introduces Gazette Notice Requirement

The senator also referred to the recently signed Land (Amendment) Law, 2024, which compels the Lands Registrar to publish a notice in the Kenya Gazette before any registration involving public land is finalised. He said this clause was a positive step toward transparency but insufficient to prevent potential abuse of the Privatisation Act.

Government Pushes Forward with KPC Privatisation

The government, through the Privatisation Commission, has confirmed plans to privatise KPC via an Initial Public Offer (IPO) at the Nairobi Securities Exchange. The move follows Cabinet approval and National Assembly endorsement on October 1, 2025, aimed at raising revenue and attracting private sector investment.

Omtatah intended to present his objections and amendments. He planned to do this in the National Assembly. House rules barred him. Rules prevent senators from debating bills in the lower house. They need a special motion to do so.