Report warns of suspicious land deals

By GAKUU MATHENGE

Shady land deals could be taking place as the country prepares for regime change in 2012, a report warns.

Land reforms as stipulated in the new Constitution are also behind schedule and Ardhi House is still operating under the old laws.

The Land Development and Governance Institute (LDGI) says Ardhi House mandarins may manipulate the laws during the transition.

The institute also wants all their powers in land deals to be suspended until the new Constitution is fully implemented.

By Christmas, four months will have been lost of the 18 needed to enact a raft of legislations to entrench land reforms.

The institute has produced an audit report on the stalled land reforms, warning of activities at Ardhi House suspected to be an orgy of underhand land deals ahead of the 2012 General Election.

"There are reports of suspicious activities reminiscent of the dying days of the Kanu regime in 2002. Monumental transactions were made while the rest of the country was busy ushering in the Narc regime. There are reports of issuance of new grants. There is always a land grabbing rush towards the end or beginning of five year electoral cycle usually motivated by the need to raise campaign funds or reimburse expenses.

Give assurance

We caution that there is likely to be field day at Ardhi House unless drastic action is taken to suspend all powers prone to abuse during this transitional period," the report reads, in part. The institute now urges the Government to give an assurance that the delay in implementing urgent land reforms is not a deliberate scheme to allow suspicious deals.

Among other things, the new Constitution abolished the office of the Commissioner of Lands, and, therefore, his powers to allocate land and other transactions.

However, no Bills have been proposed yet to set up the National Land Commission that is vested with powers to assume functions of the Commissioner of Lands.

Releasing the report last week a director with LDGI, Ibrahim Mwathane said: "If nothing is done urgently, we are concerned nearly a third of the defined timelines has gone to waste with nothing to show for it. The Government will soon find itself in breach of the new Constitution for not beating the deadlines. We urge Lands Minister James Orengo and his PS Dorothy Angote to drop everything else, including foreign travel and salvage the remaining time to activate the necessary processes."

Critical areas

LGDI identified several critical areas of concern.This week marked a year since the National Land Policy was approved by Parliament on December 3, last year, but no tangible progress had been made in its implementation.

Three months had passed since the promulgation of the new Constitution that spelt out 18 months within which Parliament should enact legislations to effect the reforms, but Ardhi House was yet to activate the process. Among other things Parliament is expected to enact several Bills in the next 15 months. It should revise and consolidate land laws, revise sectoral land use laws, and enact legislation to prescribe minimum and maximum land sizes in respect of private land.

Freehold titles

It should also enact laws to regulate conversion of land categories, including guidelines on conversion of the 999-year leases to 99 year-leases.

The LDGI report says: "On the effective date on August 27, all freehold titles held by a person who is not a Kenyan reverted to the Republic of Kenya to be held on behalf of the People of Kenya. Can the Ministry of Lands provide a record of freehold titles and 999 year lease properties in Kenya falling in the above categories detailing action taken to comply?"

Stakeholders have also expressed concern on the workload including debate, consultation and drafting.

They feel with three months already lost, the progress on land reforms is behind schedule.

Kenya Land Alliance CEO Odenda Lumumba says the delay in setting in motion implementation of both the National Land Policy and new Constitution provisions on land is deliberate.

He claims this is meant to allow foreigners affected by the new land ownership restrictions acquire citizenship to retain the privileges they would have lost. "The audit on land reforms progress should also capture delivery benefits promised in the new Constitution to vulnerable groups, including settlement of the landless, registration of women as co-owners of matrimonial properties and security of properties belonging to orphaned children among others," Mr Lumumba said.

A Lands Ministry official, Geoffrey Kariuki said the National Land Commission (NLC) Bill was at advanced stage and would soon be tabled in Parliament.

The proposed NLC is tasked with repossessing grabbed public land, resolving historical land disputes, and driving the transformation of land management.