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.