Ministry of Health has no title documents for Afya House land, MPs told

The Ministry of Health has no title documents for the land on which its headquarters, Afya House and the adjacent Afya Annex stand, a parliamentary committee has learned.

This revelation surfaced during a National Assembly Public Accounts Committee (PAC) session on Tuesday.

Medical Services Principal Secretary Harry Kimtai informed the committee, chaired by Butere MP Tindi Mwale, that the ministry had not disclosed its land and buildings in financial statements for the year ending June 2023.

"It is true that the ministry did not disclose land and buildings in its financial statements. This is mainly because a valuation has not yet been conducted," Kimtai said while addressing audit concerns raised by Auditor General Nancy Gathungu.

The Auditor General's report noted significant gaps in the ministry's asset records, including a "nil land balance" in Annex 1 of its financial statements.

Gathungu stated that the ministry oversees several parcels of land nationwide, including properties for cancer centres in Mombasa, Nakuru, and Garissa.

No ownership documents for audit

However, ownership documents for these properties were not provided for audit.

Adding to the concerns, PS Kimtai clarified that the land for the cancer centres belongs to the respective county governments, with the ministry assisting in the construction and equipping of the centres.

He said the ministry had requested assistance from the Ministry of Lands to conduct valuations and secure ownership documents for its properties.

PAC members expressed alarm over the state of government land records. Funyula MP Ojiambo Oundo criticised the lack of title documents.

"You cannot claim ownership of land without title documents, geo-referencing, or index maps. The draft asset register presented does not qualify as an actual asset register," he said.

Soy MP David Kiplagat raised concerns about the ownership status of Afya House and Afya Annex.

"What is the current status of Afya House? You could be squatting on someone else's land," he said, demanding clarity on whether the Ministry of Lands or the National Land Commission (NLC) is involved in the transfer process.

Bura MP Yakub Adow also criticised the failure to secure title documents for prime government land, warning that such lapses expose public properties to encroachment.

However, PS Kimtai assured the committee that the ministry would initiate a search to confirm the public status of the land on which Afya House and Afya Annex stand.

"The Lands ministry will guide us on the process for securing ownership documents," he said.

Encroachment

In addition to the headquarters land issue, the committee examined the encroachment on Mathari Teaching and Referral Hospital's 34.3-hectare property.

Gathungu reported that a private developer had erected a temporary fence on an unfenced portion of the land.

PS Kimtai confirmed that the ministry owns parcel No. 42/13/97/3, measuring 31.3 hectares, but acknowledged the discrepancy involving eight acres.

"We will work with the Ministry of Lands to resurvey the property and determine the fate of the missing land," he said.

Chairperson Tindi Mwale pointed out the urgency of addressing these issues.

"This is how government land is lost. When you do not disclose land and buildings in financial statements, it becomes problematic," he said.