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.

Minister Orengo to report back to Parliament within seven days

Minister Orengo asked Parliament to give him seven days within which to find out what stands in the way of these appointments and report back. He caused humour when he asked Hon Karua and the Attorney General to also help him in the matter since its weighty. Quite curious that a line Minister finds a matter under his docket this challenging.

Land reforms have powerful opponents

It just goes back to the obvious. Land reforms have powerful opponents who know who, where and when to strike. In a country like ours where the distribution of public land has remained a preserve of the executive and political drivers, land reforms must be opposed. The public and stakeholders must resign to fighting for progress at each stage. Being a critical vehicle in the process of allocating land and also repossessing land earlier irregularly allocated, the land commission is an unwelcome institution to many in high office. This is a fact Kenyans must appreciate as they try to push for the assumption of office of the land commission. While it may soon be gazetted owing to increasing public pressure, this commission may have challenges accessing sufficient operational funds. That way, it will remain lame duck and unable to effectively discharge its core functions. Kenyans must therefore brace themselves for the long haul in holding government accountable on the matter of land reforms.