House team criticised over land commission

The team of MPs debating the revised draft constitution came under heavy criticism Tuesday for removing the National Land Commission from the document.

Key stakeholders urged Kenyans to “rise up” against the changes and vowed to campaign for the rejection of the draft in the referendum if the commission is not reinstated.

They stated land which, is part of Agenda IV of National Accord to help end long term problems facing the country was not a contentious issue. The group added that the commission was proposed for entrenchment in the constitution under the National Land Policy that was passed in Parliament last December.

The stakeholders said the NLC was the wish of Kenyans and that it was also in the Ndungu and Njonjo Commission reports on land and in the Waki, Kilifi and Bomas drafts.

“The removal takes the country back to the era of excessive powers vested in the President. Historically the powers have been grossly abused resulting to inequity, corruption, land resource conflicts and destruction of key national assets,” the stakeholders said in a statement.

They want the Reference Group to ensure the land chapter was retained as presented in the revised harmonised draft before it is given to the Committee of Experts.

Among those who addressed journalists at Nairobi Safari Club were: Institution of Surveyors of Kenya (ISK) chairman Mwenda  Makathimo, Githinji Kahuthu (ISK treasurer), Kenya Land Alliance national coordinator Odenda Lumumba, Nancy Abisai (Co-chair Land Sector Non State Actors) and Prof Patricia Kameri (expert in land and environmental law).

Others were land economist M.A Swazuri from University of Nairobi and Ms Makena Kaaria-Ogeto from ISK.

The group said the removal of NLC is not only against devolution of power but will also expose land to political manipulation “that has characterised land administration in the country since independence.”

“The NLC is a governance tool to prevent the executive from abuse of land administration and management processes,” the statement added.

They scoffed at the Parliamentary Select Committee on constitution assertion that the NLC will be in the Land Policy saying currently there were 74 policies on land but were not being effected.

The MPs further removed all references to community land from the draft but Mr Makathimo’s group said the move “exposes trust land to abuse by county councils and central government.”

The stakeholders accused some big land owners of influencing some of the members of the committee to remove the land reforms for their own selfish gains adding that some of the MPs had been implicated in land grabbing and owned land “bigger than some provinces.”

Some members of the committee, they added, wanted to cause confusion so that the new constitution fails.

“It is a let down that the PSC sees it fit to ignore the wishes of the people they represent. The PSC has also ignored 10 years of work conducted by land sector experts including the late Prof Okoth Ogendo,” they said.

The stakeholders said they will write to President Kibaki, Prime Minister Raila Odinga, MPs and chief mediator Kofi Annan to protest the PSC move.

“The deletion of some of the clauses in the land chapter of the revised harmonised draft constitution will perpetuate political interference, bureaucracy, corruption and excesses currently seen in land administration and management,” they said.

They accused PSC members of sounding a death knell to land reforms and failing to appreciate “the emotive nature of land and its ability to create social tension if not well administered and managed.”

They said Kenyans want reforms and that vested interests of few should not derail it.

The PSC, which has since agreed on a presidential system of government, has further been criticised for deleting parts of Bill of Rights, the Gender Commission and the Kenya National Commission on Human Rights from the draft.

The land activists said the PSC has not mandate to mutilate the draft and that they were only supposed to harmonise contentious issues.

They said the size of the constitution depends on circumstances of every country.

“We cannot allow some yesterday grabbers to be judges of this matter. The PSC cannot pretend to be demigods to go and do what they are doing. If we allow a presidential system without checks, people will grab everything including cemeteries. If NLC is not in constitution land grabbing will continue forever,” Mr Odenda said.

Ms Abisai said Kenyans should not forget too fast where they were coming from as land is part of Agenda IV to ensure equity, fight corruption and end conflicts.

She said the right of women to own property and land is part of the envisaged reforms.

Mr Makathimo said it is wrong for PSC to replicate the Lancaster Constitution at time when Kenyans were yearning for reforms.

Mr Makathimo questioned where MPs and the numerous land policies were in last 47 years when the country’s roads, forests, public land and cemeteries were grabbed.