Kenyan MPs push for end to land injustices

The thorny issue of how to right Kenya’s land injustices dominated an MPs’ forum on Friday as they grappled with how to deal with the problem within four proposed laws.

But lawyer Ambrose Rachier, who took MPs through the Bills, said there was the need for a stand-alone piece of legislation to deal with the issue.

He suggested that a recommendation be given to Parliament after the four Bills were enacted for a separate legal framework to deal with land injustices, which had been a thorn in the country’s flesh for years.

The issue arose during debate on the draft Community Land Bill, which Parliamentary Committee on Land chairman Mutava Musyimi said needed to be fast-tracked as time was running out.

The Bill hopes to address issues involving trust land. It provides for identification of community land and legal mechanisms to protect it, as well as procedures for disposing of it in line with the Constitution.

The proposed law vests unregistered community land in county governments to hold in trust for the people.

It also establishes community land boards to administer the land under the supervision of the National Land Commission.

The draft law, if accepted, will also provide mechanisms for restitution of illegally acquired trust land to the affected communities.

If enacted, the Community Land Act will repeal the Trust Land Act and provide proper mechanisms for recognition, registration and dealings in community land.

Proposed laws

The three-day workshop at the Pangoni Resort in Mombasa, which was meant to discuss the proposed laws that must be enacted by February 27 in line with the Constitution, ended on Friday.

Energy assistant minister Magerer Langat said the laws should solve the thorny land issues once and for all and bring devolution into focus.

“When we open up issues of historical injustices, for instance, we must be ready to deal with the consequences,” said Mr Langat, who is also the Kipkelion MP.

Education assistant minister Calisto Mwatela said land injustices should be dealt with as a priority before the new laws are enacted.

“The injustices must be addressed first. The land should be returned to communities from whom it was unfairly taken by influential people from outside the region before we talk about land management,” said Mr Mwatela, who is the Mwatate MP.

He was supported by Gender minister Naomi Shaban. Dr Shaban, who is the Taveta MP, said there was the need to give priority to addressing land injustices.

She said: “There were many families from outside who had illegally acquired huge chunks of land in parts of Coast, including Taita and Taveta.”