26April2024

Categories Land Commission

Land Reforms in Kenya and around Africa

This blog focuses on issues of land reforms in Kenya and around Africa and related matters

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Petition No 6/2013 filed on 9th January 2013 to be heard on Thursday 17th January 2013

Following the haze surrounding the appointment of the national land commission, two petitioners, one from Turkana County and another from Mombasa County, have gone to the High Court, the Constitutional Review and Human Rights Division under a certificate of urgency seeking orders to compel the appointing office to deliver on its constitutional duty. Petition No 6/2013, filed on Wednesday 9th January 2013, will now be heard on Thursday 17th January 2013

Attorney General placed in an awkward legal situation

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No court orders, the President can appoint land commission, Orengo told Parliament

Following a question asked by Presidential aspirant and Member of Parliament for Gichugu Constituency Hon Martha Karua, Lands Minister Hon James Orengo told Parliament on Thursday 3rd January 2013 during the afternoon session that there are no court orders stopping the President from appointing the national land commission. Hon Orengo, whose language appeared to betray his frustrations in following up the matter, confirmed the chronological facts appearing on earlier postings on this blog.

That interviews to the respective applicants were successfully completed in June 2012, Parliament approved the names submitted by the President and Prime Minister within August 2012 and forwarded to the President for formal appointment. But three court petitions stood in the way. These were however dismissed by the High Court in October. One petitioner later appealed, seeking orders to bar the president from appointing. The Court of Appeal refused to grant such orders in early December 2012. This left the President absolutely free to gazette the chair and members to the land commission. But he has not, despite the importance of this commission.

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Hon Martha Karua raised matter in Parliament

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Boundary ‘is the center-line of river’

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Following relentless interventions by land sector stakeholders, the matter of the unexplained delay in the gazettement of the chair and members of the national land commission finally found its way to the floor of Parliament where it was raised by Hon Martha Karua (see story below which ran on the Daily Nation on Friday 28th December 2012). The country now waits to see what response Hon James Orengo, Minister for Lands, will provide. This is one of the most important constitutional commissions to the country, given its complementary role to the on-going electoral, judicial and institutional reforms, and it baffles observers that close to half an year since the interviews we concluded, the successful applicants haven't assumed office. Vested interests?

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Lands team’s delays linked to powerful State officials

By NATION REPORTER
Posted  Friday, December 28  2012 at  00:30

In Summary

  • The concern over the delayed appointment of the commissioners moved to the floor of Parliament on Thursday where presidential aspirant Martha Karua demanded a statement from the government
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