Busia Senator Okiya Omtatah has raised concerns over sections of the Privatization Act 2024, warning that the new law could pave the way for the grabbing of public land under the guise of privatizing state-owned corporations.
Speaking in Busia on Wednesday, October 22, 2025, Omtatah claimed the law signed by President William Ruto on October 15 contains ambiguous clauses that could allow private investors acquiring entities like the Kenya Pipeline Company (KPC) to automatically gain ownership of public land.
“The Constitution of Kenya does not permit privatization of public land. In privatizing KPC, you can privatize its operations, but not the land it sits on,” he said.
The senator accused unnamed individuals of using the privatization process as a smokescreen for land grabbing, warning that such loopholes could strip the country of strategic national assets, including land hosting vital infrastructure such as pipelines and refineries.
Omtatah said Parliament failed to distinguish between privatizing corporations and transferring ownership of public land, creating potential for abuse. He insisted that only compulsory acquisition can expand public land ownership, not privatization.
“These land grabbers are eyeing land within public assets. Parliament cannot legislate to privatize public land it is unconstitutional,” he added.
Omtatah also revealed that he had planned to raise his objections in the National Assembly but was barred by House Standing Orders, which prevent senators from contributing to debates in the lower house without special invitation.
The senator’s remarks come after the Privatization Commission confirmed plans to sell shares of KPC through an Initial Public Offer (IPO) on the Nairobi Securities Exchange (NSE), following Cabinet and parliamentary approval earlier this month. The move is part of the government’s broader strategy to raise revenue and attract private investment into state enterprises.
