Experts want land Bills withdrawn from Parliament

By Steve Mkawale and Mutinda Mwanzia

Experts want land Bills before Parliament withdrawn and new draft legislations that contain the views of wananchi prepared.

The experts and stakeholders have raised doubts whether the Executive and Parliament would consider all their proposals in the three Bills.

Their fears stem from the move by the Executive and other relevant bodies responsible for drafting the land Bills, which delayed the process to the extent that Parliament had to move a Motion to extend the period allowed to debate and pass the draft legislation.

Lands Minister James Orengo during a policy forum on Lands Bills named‚ ‘Closing the Gaps and Building Consensus’ in Nairobi on Tuesday. [Photo: Govedi Asutsa/Standard]

Speaking on Tuesday during a high-level policy dialogue forum at a Nairobi hotel, lawyer Paul Ndung’u, who chaired the Ndung’u Land Commission, questioned the Government’s motive in the late publication of the crucial Bills and said they were not sure that all recommendations and proposals by stakeholders would find their way to the floor of the House after the extension of the constitutional timelines for the Land laws.

The proposed land legislations before Parliament are the National Land Commission Bill, Land Registration Bill and the Land Bill.

But Lands Minister James Orengo ruled out the possibility of withdrawing the land Bills from Parliament, saying issues of timeline would not allow such a move.

Mr Orengo assured the stakeholders that three parliamentary committees – the Constitution Implementation Oversight Committee, the Legal Affairs Committee and Land and Natural Resources Committee – that successfully sought the extension of the Constitution timelines for the legislations would look at the proposals by land lobbies.

"The joint committee will look at the suggestions then find way forward after receiving the proposals," said the minister.

He said vested interests should not get on the way of the land reforms, adding there was need to have a sustainable land sector that will support economic growth and enhance social and political harmony.

"The drive to undertake land reforms, starting from the formulation of National Land Policy to the current development of supporting legislation, should focus on service delivery," said Orengo.

The forum organised by the Land Development & Governance Institute (LGDI) brought together land experts, government officials, business people and other stakeholders to discuss the Bills.

On Tuesday, LGDI Chief Executive Officer Mwenda Makathimo faulted the draft Bills as defective and lacking in the letter and spirit of the National Land Policy (Sessional Paper No 4, 2009) and the new Constitution.

The Land Bill, in its current form, does not incorporate the full list of land policy principles articulated in Article 60 of the Constitution.

Among other proposals, the stakeholders want the draft land Bills to incorporate gender equality provisions in sections of public land and in sections on private land rights that address transfers or contracts. They also want the law to include within its scope on community lands, clear instruction on the interplay between customary and formal law and institutions in land governance.

Mr Ibrahim Mwathane, a director with LDGI, noted that numerous provisions of the Bills either directly contravene the Constitution and the National Land Policy or do not adequately incorporate the mandates of these seminal documents.

He said it was the view of the stakeholders that the draft Land Bill has watered down the National Land Commission, which Kenyans had insisted on.

The forum came up with a raft of proposals that would form a policy document expected to be presented to the three parliamentary committees and other State organs involved in the implementation of the Constitution.

Mwathane said the country has made tremendous progress by formulating the National Land Policy and embedding a chapter on Land and the Environment in the Constitution.

"This is no mean achievement. Few in Africa have achieved as much and the milestones need to be appreciated," Mwathane said.

He noted that the gaps in technical skills within Parliament in specialised areas such as surveying, planning, land economics and natural resource management was evident, adding that this could undermine effective debate on land Bills.