Draft: Land experts allay fears

Kenya land experts have said the controversy over the land chapter in the proposed draft law is unwarranted.

Addressing a news conference at its Nairobi office Friday, the Institute of Surveyors of Kenya, backed the proposed Constitution saying it was “the possible solution to the land problems” that have bedevilled the country since the colonial era.

The Institute’s chairman Collins Kowuor, and his deputy John Kihagi, said the “spirit” of the land chapter has taken on board the views of Kenyans as enshrined in the National Land Policy.

“Passing the proposed Constitution of Kenya will not, as claimed, result in outright cancellation of titles to land; invasion of land and land related conflicts,” said Mr Kowuor.

The surveyors accused some politicians of taking advantage of the volatile nature of the land issue to push voters into rejecting the proposed law.

Those opposed to the provisions on land cite article 40 (3)(a) in the Bill of Rights as “reducing title-deeds to pieces of paper” since it exempts land from the said protection of property.

Selective reading

But, Mr Kowuor and Mr Kahiga said that impression is created from the selective reading of the proposed law because it has to be “read together with the land chapter.”

“Even now, such a thing exists under compulsory land acquisition, but if land is taken away, you can see that the proposed Constitution allows for compensation,” said the ISK chairman.

“Kenyans will continue owning land either as freehold interest or leasehold interest.”

The surveyors said that in reading all the drafts --the Constitution of Kenya Review Commission draft, the Bomas Draft and the Kilifi (Wako) Draft-- it is evident that the key principles in managing land have been taken on board within the proposed Constitution.

“The upcoming referendum will essentially not be a choice between the proposed Constitution and perfection, but a choice between the current land problems and possible solutions to the land problems,” said Mr Kowuor.

Land grabbing

The ISK backed the formation of the National Land Commission --the body to have the final say on all land matters-- to manage land saying it will guard against land grabbing of public utilities like road reserves, cemeteries, forests and even schools.

“The commission will be composed of Kenyans unlike the current system where all land is administered by the President through the commissioner of lands,” said Mr Kowuor.

He added that the creation of community and district land boards were “in line with devolution” as the land commission will only provide “technical advice and oversight.”

The Institute pitched for a stake in the civic education period set to begin on May 6 saying they “will inform the public on the correct and accurate position on land administration.”