Government departments inept in addressing the land question

There is a new crisis in town. The crisis is who is more culpable for the situation Kenya finds itself.

With the greatest respect to our beloved politicians, we need to get to the very bottom of runaway insecurity that continues affecting the quality of life every day.

Last Thursday, President Uhuru Kenyatta gave a national address and disclosed that 500,000 acres of the land in Lamu had been allocated to 22 companies in 2012. He also said 13 out of 21 berths meant for the Lamu Port had also been allocated.

The fact that 22 entities would own so much land allocated in 2012 was in itself a shocker. Had we not just had a new Constitution that was heralded to mark the second liberation?

For me, however, what was earth-shaking was not so much that there was a scramble for the land but the fact that the Government facilitated and rewarded it; you see Kenyans are extremely ambitious and always looking to make an extra shilling by buying land while it is still cheap.

One only needs to look at the way Kenyans follow the new roads (by passes)  to confirm this. In fact, long before some of us knew of the Southern or Northern bypasses, some Kenyans knew where the roads would pass and were on the ground buying land at rock bottom prices.

The fact that people desired to own land in Lamu is therefore not the problem; the problem is that the Government did not do what it should have done to protect the people of Lamu and the investors.

The Government guarantees title to land in the republic. Given the sensitivity on land in this country does that not mean that those who have the power to issue title must exercise that power above board and in accordance with the law?

Although allottees and land buyers have a duty to carry out due diligence and ascertain the legality of titles, the due diligence is limited to the records by the Ministry of Lands.

The issue of land at the Coast of Kenya has been very problematic. How is it possible that the Ministry of Lands that should have been sorting out the old problems, could have created even greater problems in Lamu.

I am totally unable to appreciate how a functional government department could allocate public land apparently irregularly including land covering the Lamu Port South Sudan Ethiopia (Lapsset) corridor. Surely, are our government departments so inept?

I will direct the following two  questions to a person who I believe can best answer them having been the minister in charge of Land then; The person is a colleague that many of us have a lot of time for and whose eloquence and clarity is much admired in the legal profession; Senator James Orengo.

1. Is it true that about 500,000 acres of public land was allocated in Lamu during your watch?

2. Is it true, that the procedure for the allocation of public land was not followed?

Apart from the pain the land question may have caused in Lamu and elsewhere, the other concern that Kenyans and others of good will must be concerned about is the loss of credibility in our government’s ability to become a guarantor. Isn’t that the seal of a failed nation?

Mrs Charity Ngilu, as you are now at the helm of the ministry, please allow me to ask the following;

1. How will Kenya be secure if people have to fight for land ownership?

2. How will Kenya be a destination of choice for investors if the government cannot guarantee title?

3. How can banks lend on titles that might and have, in fact, been revoked?

The issue is larger than who between CORD and Jubilee coalition brought us to this point. It is what our government has become and that should give our leaders sleepless nights.