Stop debate on community land bill, CIC tells Senate

By Kenan Miruka

Kisii, Kenya: Commission for Implementation of Constitution (CIC) has asked Senate to stop debate on Community Land Bill 2013 saying it was tabled before the House unconstitutionally.

Commission chairman Charles Nyachae said the introduction of the Bill in Senate last week was contrary to the requirement of the Constitution on the procedure and public participation.

The Bill meant to secure rights of communities went through the First Reading in Senate and land experts have already raised a red flag claiming it excluded the views of stakeholders.

Speaking in Kisii after a church function yesterday, Nyachae said Section 15 (2) (d) of the Sixth Schedule of the Constitution requires that any law seeking changes touching on counties must be subjected to a process.

“This is an example of an institution meant to protect the Constitution but ends up violating it. Such a Bill must be submitted to CIC and the Commission on Revenue Allocation (CRA) and the Attorney General 30 days prior to introduction into the House for debate. This was not done hence a fundamental violation of the law,” said Nyachae.

He said CIC had written to Senate Speaker Ekwee Ethuro asking him to obey the Constitution by stopping consideration of the Bill.

Lease or transfer

“A quick look at the Bill shows that it is an initial draft previously processed by the office of the AG and many aspects ought to be changed. It has been tabled in the House without factoring in public participation,” Nyachae said.

The Bill is different from one prepared by a Ministry of Lands Task Force called Community Land and Evictions and Resettlement Bill, which was released on November 12.

Under the Bill, land belonging to communities will be registered under a collective name and representatives will be in charge. A lease or transfer will be based on a written agreement involving the representatives and approved in a general meeting, states the Bill published on Friday.

At the same time, Nyachae warned of a possible crisis following the suspension of six members of the Judicial Service Commission (JSC).

“The President has exercised his discretion but this could potentially cause a crisis as six members is almost half the commission. There is need for the tribunal handling the matter to expedite its work and ensure JSC’s work does not stagnate,” he said.