Government censured over land reforms

By Gakuu Mathenge

The Ministry of Lands has been put on the spot over stalled land reforms, and stakeholders want Ardhi House to speed up essential Bills critical to implementation of reforms envisaged in the new Constitution.

Stakeholders have questioned if officials at Ardhi House can be trusted to spearhead land reforms aimed at loosening the stranglehold and privileges they enjoyed under the old order.

Although Article 68 of the new Constitution requires all old land laws revised and rationalised within 18 months after promulgation of the Constitution, Ardhi House is yet to table a single Bill in Parliament.

A leading land sector reform lobby now says Ardhi House can no longer be trusted to spearhead land reforms as it is held captive by vested interests.

In its second Score Card report on progress made in land reforms released last Wednesday, the Land Development and Governance Institute (LDGI) faulted Ardhi House officials for allegedly stalling the reform process.

The proposed dispersal of land administration to regions requires restructuring, which in itself, threatens power and privileges of acquisition and allocation for current office holders who have traditionally amassed immense powers over land allocation, the lobby says.

"In addition, the Constitution proposes the introduction of non-elected Cabinet secretaries to take charge of ministries. Therefore, incumbent office holders who hold office by virtue of their political appointments may not be keen to fast-track reforms, particularly where their power base will shrink," says the lobby.

"In this regard, it raises the question whether the Ministry of Lands, itself a target of radical reforms, should be trusted to drive reforms."

Grabbed land

The Government’s manner of repossession of grabbed land, resettlement of the landless, and internally displaced persons were also faulted for failure to follow the due process of law.

However in a quick rejoinder, Lands Minister James Orengo placed adverts in the Press on Friday in which he defended his performance on land reforms and invited anyone with complaints to lodge them with him.

Orengo said Ardhi House has lined up a raft of Bills aimed at implementing all the reforms as envisaged in the National Land Policy (2009), the new Constitution and the service delivery vision of the Ministry of Lands. The planned Bills include: Draft National Land Commission Bill, Land Bill, Land Registration Bill and Community Land Bill.

On illegally acquired land, the minister said more than 500 title deeds had been revoked and the ministery was in the process of establishing National Land Information Management System to preserve paper records ahead of digitisation and scanning of records in an ongoing modernisation of data management.

However, a former Institution of Surveyors of Kenya Chairman and LDGI Director Mwenda Makathimo faulted Orengo’s use of public funds to defend lapses in Ardhi House instead of shedding light on questions raised by the LDGI’s score card public survey on land reforms.

"The advert is long on what the ministry intends and plans to do, and short on achievements realised to beat tight deadlines spelt out in the implementation schedule of the constitution. Other ministries have published Bills or forwarded drafts to Commission on Implementation of the Constitution, the AG, Parliament and the Law Reform Commission," said Makathimo.