Stakeholders call on the National Land Commission to remain vigilant and maintain high levels of integrity so as not to provide brokers any leeway to grab land, writes PETER MUIRURI

Of all the institutions created by the Constitution, none was as controversial as the National Land Commission (NLC).

It took a court order to compel the Government to gazette the commission members after a prolonged delay by the then President Kibaki’s administration.

According to the new Constitution, some of the functions of the commission are public land management on behalf of the national and county governments, recommending a national land policy to the government, and advising the government on title registration countrywide.

The commission also took on board all functions formerly handled by the Commissioner of Lands.

But perhaps the clause that has caused jitters to many is Article 67 (2) (e) that requires the commission to “initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress.”

Many felt that the clause would be abused by individuals out to settle scores with other people or institutions perceived to have acquired land illegally.

Analysts have said the commission’s hand is tied by the same Constitution that created it, saying its role with regard to the above functions is merely to recommend a line of action by both the central and county governments.

The body has also been accused of lacking the strength to act on the many acts of commission or omission by previous regimes, a matter that its chairman Muhammad Swazuri has been at pains to dispute.

Goodwill

“We have the teeth to bite” has been his refrain whenever the mandate of the commission has been questioned. Ironically, the civil society has been calling for political goodwill if the commission is to make any headway in carrying out the heavy load of responsibility.

Interestingly, the latest research carried out by the Land Development and Governance Institute shows that majority of Kenyans believe the commission is just what the doctor ordered to remedy the chronic land question.

“The commission is perceived by many as being professionally constituted and devoid of political interference, has the capacity to address issues such as historical land injustices, establishment of minimum and maximum land holdings and management of public land accordingly,” states the report.

This is just as concerns arose over the Government’s commitment to land reforms following the allocation of a paltry Sh241 million for the 2013/14 financial year to the National Land Commission.

Finances

Stakeholders fear that the operations of the commission could be crippled due to lack of finances.

A report by the Economic and Social Rights Centre (Hakijamii), Review Of The 2013/14 Budget For The Land Sector said this was a pointer that the Government may not be truly committed to land reforms, and say that Parliament must rise to the occasion and provide the commission with adequate resources to guarantee full implementation of new land laws towards resolving emotive land disputes.

Expectations are high, especially at the Coast region, that the commission will tackle and resolve land disputes dating back a few centuries ago. The dismal performance of the Jubilee Coalition in the region during the recent General Election was largely attributed to the land situation.

Regarding this renewed optimism, a columnist with The Standard on Sunday wrote recently: “Dr Muhammad Swazuri from the Coast region is the chairman of the commission and it was anticipated he would provide the magic wand, which would legally cure the region of its past maladies and produce a formula for the future of the relationships, social or commercial in the land sector.”

Away from the Coast, practicing professionals in land matters say the commission’s in-tray is already overflowing at Ardhi House.

Key among them is the 2012 Cabinet freeze of all public land transactions that included new grants or renewal of expiring leases until the NLC was put in place.

While analysts say that the freeze was done in good faith to protect public assets, it should be reviewed now that the commission is in place to avoid creating a vacuum that could be exploited by greedy individuals.

Added to this is the backlog of pending matters at the national land’s office that are affecting the country’s economic momentum.

“The commission should, therefore, remain on alert and maintain high levels of integrity so as not to provide ill-intentioned brokers any leeway to make irregular institutional interventions,” said the LDGI report.

On May 24, Abigael Mbagaya, the commissions vice-chair called on the commission to be left alone to do its work following a standoff at Ardhi House where the commissioners claimed they were being thrown out.