Lands commission accuses ministry of altering proposed laws

National Land Commission Vice-Chairman Abigael Mbagaya Mukolwe and Commissioner Samuel Tororei at a press briefing at the ACK Garden Annex, Nairobi, on October 13, 2015. They accused the Land Ministry of making changes to the contentious Bills currently before a parliamentary committee. PHOTO | ROBERT NGUGI | NATION MEDIA GROUP

What you need to know:

  • The NLC said the changes would “take Kenya backwards” by giving the Land Cabinet secretary sweeping powers over the administration of land in the country.
  • Vice-Chairman Abigael Mbagaya Mukolwe said the drafts the ministry has presented to Parliament are different from what a task force made up of stakeholders prepared.
  • She said the commission had presented its grievances before the committee and was optimistic that MPs will make amendments and give the NLC its authority.

The Ministry of Land has been accused of altering several Bills currently before a parliamentary committee.

The National Land Commission (NLC) also said the changes are also aimed at watering down its mandate.

The NLC said the changes would “take Kenya backwards” by giving the Land Cabinet secretary sweeping powers over the administration of land in the country.

Vice-Chairman Abigael Mbagaya Mukolwe said the drafts the ministry has presented to Parliament are different from what a task force made up of stakeholders prepared.

The contentious Bills before the parliamentary Land Committee include the Physical Planning Bill, the Land Laws (Amendment) Bill and the Community Land Bill.

“A task force which the NLC was part of gathered views from the public and gave them to the minister. However, what was presented to Parliament was totally different,” said Ms Mukolwe on Tuesday in Nairobi.

PRESENTED GRIEVANCES

She said the commission had presented its grievances before the committee and was optimistic that MPs would make amendments and give the NLC its authority.

“We have appeared before the committee two times and we have made our proposals. We hope the team will effect the changes,” said Ms Mukolwe, who spoke at the NLC offices.

She disagreed with a section of the Community Land Bill that proposes that the ministry manage such land, arguing that was the role of the NLC.

She is also uncomfortable that the ministry had taken over allotment of leases in the proposed laws though that was the responsibility of the commission.

“There is also a proposal that the NLC commissioners be appointed by the Public Service Commission. How can a commission appoint another independent commission?” she posed.

“We will, however, continue adjudicating even as the debate on the law continues,” she added.

Commissioner Samuel Tororei said another draft law, the Historical Land Injustices Bill, was not properly subjected to public debate as it is required.

The commissioners also took issue with the ministry for claiming the NLC was wasting public resources by renting offices at the ACK Gardens Annex, next to Ardhi House.

Ms Mukolwe said the offices were acquired after the ministry declined to share space with the commission at Ardhi House.