Appoint National Land Commission, Kibaki and Raila told

President Kibaki and Prime Minister Raila Odinga have been urged to urgently appoint the National Land Commission to address issues like those raised by the Mombasa Republican Council.

Civil society questioned why the principals had delayed the appointment of the crucial commission yet a case blocking the move was dismissed in court.

“The NLC provides the best opportunity to solve land problems in the country. The names of the commissioners were floated but the commission is yet to be established,” Kituo Cha Sheria chairman Ken Nyaundi told a workshop at Safari Club Hotel in Nairobi Thursday.

He said NLC will make land inventory, might revoke illegal allocations and settle squatters on unoccupied land.

“The commission is a first step towards resolving land matters including at the Coast,” Mr Nyaundi said.

He also called for establishment of the Land and Environment Court as per the Constitution for speedy resolution of disputes.

Mr Nyaundi said the Constitution empowers county governments to identify idle land and make it beneficial to the community.

Participants cited restoring full confidence in the Judiciary, slow pace of implementation of land reforms and lack of political goodwill as main challenges facing fast-tracking of land reforms towards peaceful elections.

Kituo Cha Sheria acting executive director Gertrude Angote said NLC should be in place as soon as possible to deal with land issues including double allocation, missing beneficiaries, absentee land lords and allocation to investors.

In October, the High Court dismissed an application seeking to block the NLC team from assuming office.

Stall land transactions

Delays in appointing the team has stalled land transactions, especially the acquisition of land for construction of infrastructure like Ngong Road.

Although Parliament, in August, approved the names of nine members to serve in the commission, the President has not made the appointments.

The nine nominees cleared by Parliament were Mohammed Swazuri (chairman), Tomiik Mboya Konyimbih, Silas Kinoti Muriithi, Rose Mumbua Musyoka, Samuel Kipng'etich Tororei, Abigael Mbagaya, Emma Muthoni Njogu, Clement Isaiah Lenachuru and Abdulkadir Adan Khalif.

The NLC is tasked with managing public land on behalf of the national and county governments, recommending a national land policy to the State and advising it on a comprehensive programme for the registration of titles throughout Kenya.

It is also mandated with conducting research related to land and the use of natural resources and to make recommendations to appropriate authorities among others.

The Institution of Surveyors of Kenya (ISK) has said several projects had stalled due to lack of a functional national body to oversee the purchase of land for the project.

On Thursday, the Truth Justice and Reconciliation Commission chief executive Tom Aziz said a majority of violations-44 percent-reported to TJRC concerned land.

Mr Aziz said issues at the Coast ranged from land adjudication, double allocations and irregular acquisitions.