What role does ministry have in land matters?

What you need to know:

  • land. Article 67(1) establishes the NLC while 67(2) stipulates what its functions are.
  • I have no locus standi to try and articulate things legal but from my layman’s reading of this article, the constitution seems to place most matters relating to land in the hands of this commission both at the county and national levels of government.

Since the formation of the Jubilee government, a lot of valuable energy has been wasted on many arguments and counter-arguments on this or that other aspect of our social, economic and particularly political life.

The bulk of the arguments have been centred on the control of resources going to the counties and autonomy of the governors.

There are some political types who have consistently pointed an accusing finger at some of their colleagues, saying they are out to frustrate the process of devolution. Indeed, the latest proposal by the Head of State to cut down on the wage bill is being viewed with a lot of suspicion from some quarters.

I listened to an analysis on one of our radio stations the other day. The commentator seemed to accuse some of those who pushed for the promulgation of our new constitution of not scrutinising the number of structures that it brought about.

Personally, I supported this document wholeheartedly and in fact made a few enemies in the process.

Some of the ones that were thoroughly opposed to it now keep rejoicing loudly when they see the arguments that are going on.

What they fail to tell us is that the issues of wage bill and control of resources is not really what their arguments were about at that time.

UNABLE TO GET ALONG

Currently there is a ferocious argument going on between the ministry of Land and the National Land Commission (NLC), and it seems to be affecting the smooth running of matters to do with land. Article 67(1) establishes the NLC while 67(2) stipulates what its functions are.

I have no locus standi to try and articulate things legal but from my layman’s reading of this article, the constitution seems to place most matters relating to land in the hands of this commission both at the county and national levels of government.

While I am still searching, I would appreciate if someone else with a legal background could educate me on the role of the ministry of Land with regard to issues of land.

It is critical that we all remember the fact that land and its ownership is one of the thorniest issues when it comes to our politics. A lot of lives have been lost over the years on account of land ownership (or lack of it).

It is a little disturbing, therefore, to see people who are mandated with sorting out this matter arguing publicly as to who has what power and yet the constitution is clear on that. The fight for this constitution was a struggle to reclaim for the citizen of Kenya the accountability and rule of law that had eluded us for so long.

Father Wamugunda is Dean of Students, University of Nairobi; [email protected]