LAND REFORMS IN KENYA AND AROUND AFRICA
This blog focuses on issues of land reforms in Kenya and around Africa and related matters
LAND REFORMS IN AFRICA A BEFITTING TRIBUTE TO THE LATE PROF OKOTH OGENDO
It was time to conclude the African land policy process. A final experts’ meeting was scheduled at Addis. This time round, Professor Okoth Ogendo, fellow countryman and “the guru” to the process, had had to travel ahead to sort out programme logistics, being chair to the Task Force.
I later joined him at the hotel in Addis where the programme kicked off as scheduled.
LAND REFORMS IN AFRICA A BEFITTING TRIBUTE TO THE LATE PROF OKOTH OGENDO
It was time to conclude the African land policy process. A final experts’ meeting was scheduled at Addis. This time round, Professor Okoth Ogendo, fellow countryman and “the guru” to the process, had had to travel ahead to sort out programme logistics, being chair to the Task Force.
Africa adopts a land policy framework
I later joined him at the hotel in Addis where the programme kicked off as scheduled. The experts’ report was to be tabled to the African Union Joint Conference of Ministers of Agriculture, Land and Livestock scheduled for 23rd and 24th April at the AU headquarters. The Ministers’ meeting was to consider and adopt the report on the “Framework and Guidelines on Land Policy in Africa”. The guru had done such a wonderful piece of work that the report was adopted in record time. After the adoption, out on the corridors, he warmly quipped, “Ibrahim, we have finally done it”. I fully shared in his excitement.
The adoption of the report in effect prepared ground for the adoption of the framework by the Summit of African Heads of States and Governments to be held in July this year, bringing to an end a process which commenced at Addis Ababa in March 2006. The process was driven by the tripartite support of the African Union, the United Nations Economic Commission for Africa and the African Development Bank. The framework provides a policy guide for the formulation and implementation of land policies to AU Member States, Regional Economic Blocks and their respective development partners.
Land to receive highest policy attention
For the first time in its history, Africa will have placed land at the highest level of its development agenda, at par with the other sectors of its economy. Optimum agricultural production, necessary for Africa’s food needs, is not achievable in the present environment of conflict and inefficient land administration systems. The land policy framework is therefore timely and helps to contextualize the land question in Africa. It restates the key region specific challenges and underscores the centrality of a functional land sector to Africa’s development process. Land policy development and implementation around the continent is discussed at length. The framework also highlights the need for tracking of progress in land policy development and implementation. Some best practices are documented for lesson learning.
With the framework delivered, we proceeded for an evening cocktail to wind down. All around, colleagues from around Africa sampled their choice drink and menu with a sense of fulfillment. Lands Permanent Secretary Dorothy Angote was here and in high spirits too, warmly chatting up a section of the Kenyan delegates at one corner. She had done a sterling job as rapporteur. Chief Romanus Che of Cameroon had turned up in resplendent traditional regalia. Heads turned as he walked upfront to join us in watching the troupe of Ethiopian cultural dancers now busy doing their thing. They fell in step, proving their mastery and prowess by agile and fast neck and shoulder movements for which they are famed. I noticed the guru was missing. I later learned he had felt rather unwell and had to skip the cocktail.
On my way back to the hotel, the taxi driver treats me to a strange variety, informing that the city had terrible jams earlier in the week. That President Omar al-Bashir of Sudan had been in town “looking for a pillow on which to lean on” from his neighbour Prime Minister Meles Zenawi, following the recent ICC indictment. He curses that the cost of life in Addis had skyrocketed in the last three years, wondering whether Nairobi faced similar times. As I affirm, my thoughts are on greater things.
Now that Africa has a land policy framework, AU member states have to give thought to implementation and appropriate budgetary support. Whereas in the Maputo Declaration of 2003, Heads of States and Governments for instance pledged to allocate at least 10% of their national budgets towards the implementation of their agricultural agenda, the development of land policies remains driven by routine budgetary allocations to Lands Ministries or their equivalents. This may need rethinking. Either a component of the 10% will need to be dedicated to the improvement of member country land sectors or else line Ministries entrusted with issues relating to land will need enhanced budgetary allocations.
Prof Ogendo had fallen sick
At daybreak, we receive news that the Prof Ogendo had to be taken to hospital for check up. That dampened moods. Later in the evening, this ever jolly Zimbabwean lady Sue Mbaya, also a pillar in the process, calls sounding rather subdued and says, “Ibrahim, I have bad news. We have lost Prof.” That unsettles me and I set off for the Embassy where I join other Kenyan colleagues in reflection. UNECA focal person to the process Joan Kagwanja and Ambassador Franklin Esipila were down doing a fantastic job coordinating necessary support. It is then the reality sinks. The guru was gone. A day earlier over breakfast I had asked him, warmly referring to him as our continental giant, whom he would leave us to continue his good work in Kenya and Africa. A precognitive sort of question, one would say. He had merely shaken his head, lost for names. He mentioned a few but with reservations. He talked fondly of one who he said would have but then, to quote him, “had chosen the beaten path and opted for employment and fast wealth for a destiny”. In effect, the guru leaves behind no Kenyan equals; but lots of his inspiring work. He was a humble, patient, tireless and extremely intelligent man. He never ever lost his cool and always welcomed criticism, saying it helped him to grow. He had a razor sharp memory and was rich with world experiences in a wide variety of areas. When he conceptualized in our field, he would easily link land to politics, culture, religion, environment and the economy with amazing clarity. This should challenge this country.
While Africa concludes, our national land policy process, commenced in 2004, awaits final cabinet approval. Delays have been largely due to the country’s five-year electoral cycle, an unpredictable cabinet calendar and the usual government bureaucracy. The dysfunctional coalition government arrangement won’t make things any easier. Like elsewhere in Africa, land remains critical to the social economic and cultural development of the country. It is a key pillar to political stability, little wonder it was cited as contributory to the post election violence that rocked the country following the December 2007 general elections. The National Dialogue and Reconciliation Accord signed between the two principals, Mwai Kibaki and Raila Odinga, subsequently identified appropriate land reforms as a priority item for resolution along with others listed in agenda item four of the Accord. The national land policy provides the framework around which to achieve this.
Prof Ogendo had a vision and mission for Africa
But the current political leadership will need to appreciate that protracted delays in the matter heightens anxiety and potential for further conflict. Having been well represented in the meeting of African Ministers in Addis Ababa, Kenya will need to demonstrate its commitment to the framework by expediting reforms and provide lessons for Africa. African States with a challenged land sector will need to give appropriate thought to their circumstances too. Professor Ogendo had vision and was on mission for Africa. He reminds me of the legendary Mombasa Pastor often mentioned by my Bishop who had a dream and mission to develop a mighty church but fell ill during implementation. But he held on. He allegedly even raised funds and signed title transfer documents from his hospital bed and had to be temporarily discharged for the inaugural opening. He passed on soon after; mission complete.
Perhaps the guru’s mission was done too. He provided the continent with a suitable land policy framework and leaves AU Member States the challenge to address the biting land question through appropriate reforms in tribute.
The edited version of this article which was written in late April 2009 and done as my tribute to the late Prof Ogendo with whom I had worked on the continental land policy initiative, was published in the East African in May 2009. Kenya's national land policy was approved later in the same year as Sessional Paper No 3 of 2009. The policy, supported by the new Constitution of Kenya 2010 which embeds the key provisions in the policy, is currently undergoing implementation.