Agreement should end disputes on land issues

An end to the quarrels between the Ministry of Lands and the National Land Commission should be good news to all the stakeholders affected by the impasse.

We can only hope that the rapprochement signalled by Lands, Housing and Urban Development Cabinet Secretary Charity Ngilu and National Land Commission chairman Muhammad Swazuri was genuine, and not a mere public relations photo shoot.
Mrs Ngilu and Dr Swazuri have been feuding almost since the Jubilee government was appointed.

The jurisdictional disputes played out in the public gallery were not just a major embarrassment, but also badly impacted on the management of the sector. It took the intervention of President Kenyatta and an order by the Supreme Court for the two officials to sit down and work out a compromise.

A joint technical team from the ministry and the commission developed guidelines to harmonious relations and defined the mandate and scope of each office.

It will now be presented to the Supreme Court as the outcome of the arbitration process and recorded as consent.

However, that agreement must be worth a great deal more than just a ceasefire between two quarrelling individuals. It cannot be about Mrs Ngilu and Dr Swazuri, but a document affirming the legal and constitutional role, functions, and boundaries between the Ministry of Lands and the National Land Commission.

That way, it will stand the test of time and ensure that in future management of the land sector, including transfers, issuance of title deeds, access to and custody of files and maps, and all other business, will never again be hostage to turf wars.

One big lesson here is that prudent stewardship of the public sector can only be guaranteed by laws, regulations, and institutions.