Politicians will make promises touching on any sector. Then they will give you a “know-it-all” look, regardless of the implications the promises may have to existing policy and law. It therefore helps to take a step back and appreciate that these promises could end up influencing development, and may drive changes in policy and law. Sectoral experts must therefore keep their ears close to political leaders, to parliament and to county assemblies. Then they may be able to influence ideas and discourse, and perhaps strike meaningful compromises for progressive development.

Populist promises on land

Those who have been paying good attention may for instance have picked up some of the riveting election promises made touching on the land sector. There’s been promises to buy out farms that belong to absentee owners, subdivide and allocate them to the landless. There’s been promises convert ADC farms to settlement schemes for settlement of persons. These are bold commitments. Quite obviously, they are popular with the targeted voter baskets. Indeed, our laws have provisions that would allow the purchase of land for settlement of landless people. The Land Act establishes a Land Settlement Fund for such purposes. This Fund isn’t quite new and has been used to buy land for the resettlement of people in the past, only it was differently named and managed prior to the new constitution.

Recurrent, hyped politics over land

There’s been an established pattern where politicians, aspiring or in office, treat us to loud pre-election land politics. Sadly, some of this drives violence. Yet most is hype and opportunism aimed at attracting votes. But it’s time Kenyans shunned this manipulation and demanded accountability. Kenya now has adequate law and institutions to resolve her issues. These, and not mere rhetoric, are our best bet to forwards. They provide a bankable pathway to the predictable and progressive use of our land for shelter, business and food production. But how?

There’s been very genuine grievances on land from our past. No land policy, inappropriate constitution and laws, corrupt land institutions and poor access to justice. But following a combination of participatory public processes undertaken within the last three decades, Kenya stands differently today. It should be able to resolve most of the pertinent land issues without recourse to toxic politics or violence. We’ve had the benefit of processed information and recommendations from the constitutional review process, the Njonjo Commission, the Ndung’u Commission and the Truth, Justice and Reconciliation Commission aka TJRC.

Recurrent land-related election violence

In yester years, as we approached general elections, we would design strategies to avert the possible occurrence of land-related violence. Based on the strategies, we would then roll out sensitisation campaigns to urge leaders, communities and the executive to rally together and avert violence, loss of life and property, and the displacement of persons on account of the land question. Because such violence and displacement of people had become recurrent before, during or after our general elections. Violence and displacements dogged the 1992, 1997 and 2002 general elections. And during the 2005 national referendum, and the 2007 general elections too.

We would urge everyone to appreciate that the inherent ownership grievances and historical land claims would never be resolved through violence. Not without the necessary policy, legal and institutional frameworks. The rampant and shameless grab of public and community land was a concern that frustrated many people. The president, through the Lands Ministry, then held unfettered powers, drawn from the constitution and the laws of the time, to allocate any public land available anywhere to anyone with little regard to local and national priorities, and the attendant social-economic consequences. There were other concerns.

Tempered rhetoric in 2017

Monday, August 11, 2014

Mr Waitiki Kamau, the owner of a 930-acre farm that is the subject of a dispute. The case tests Kenya’s constitutional commitment to the protection of rights to property. PHOTO | FILE.  NATION MEDIA GROUP

In Summary