Wide docket

Lands Cabinet Secretary Zachary Njeru is one of the relaxed and affable high office holders that one can find. Unfortunately, his vast Ministry, which is responsible for the vexing land issue, will leave him little wriggle room. Besides Lands, the Ministry comes loaded with the dockets of Public Works, Housing and Urban Development. Since he sits in Cabinet, he is responsible for the overall policy direction and coherence of the land sector, and the routine politics of land in the country. At the technical and operational level, the law obliges him to consult with the Land Commission.

Policy and technical guidance

Nevertheless, one gets the impression that the Ministry must seize back and drive the land agenda more robustly. A raft of issues compel this observation. A close look at the sector reminds us of issues that beg policy or political direction, and, in some cases, public sensitization and clarification. These include the matter of land leases for several large-scale farms under intensive tea and pineapple farming, and even ranching. There’s has been subtle politics on some, much as the law is clear. Del Monte Company released parts of its land to Kiambu and Murang’a counties a while back. However, various interests are seemingly playing out, delaying decisions on the use to which this prime land should be put. Without high-level policy guidance, this land may be subdivided into small plots and selectively allocated, with consequences.

The pitch of the omnipresent politics of Embakasi Ranching in peri-urban Nairobi has risen, enhanced by transition and leadership issues. There are now calls to invalidate all the title deeds issued during President Uhuru Kenyatta’s regime, and the few recently issued under President William Ruto. This causes confusion to the beneficiaries, and to those waiting. Land invasions have been witnessed at different times along the Coast, Mavoko, Nairobi and in some parts of Nakuru County. They infringe on private, and, in some cases, public land rights. This undermines confidence in tenure rights, and productivity. At the technical level, not much has been recently heard about the process of conversion and replacement of title deeds. Yet, this process, which seeks to bring all title deeds in Kenya under the Land Registration Act, has fundamental implications to future land transactions, and therefore Kenyans need to be continuously sensitized and reminded to deal. Moreover, conversion is a prerequisite for the uploading of titles onto the online ardhisasa system. So ardhisasa will not be fully populated if the title conversion process remains protracted.

Legislative agenda

Matters law are also of concern. Some bills have been filed through private motions to amend or repeal existing laws. While laws are dynamic and need to be constantly revisited for alignment with contemporary realities, line Ministries help to ensure relevance and coherence, and to temper vested interests. A situation where we’ve critical sectoral bills moved privately may see government play catch up much later. Currently, there’s a motion by Hon Owen Baya to amend the National Land Commission Act in order to extend timelines for the review of irregularly allocated grants of public land by the Land Commission. The bill also proposes an extension of timeline for receiving and processing complaints on historical land injustices. This is a bill government should take great interest in, since it promotes public interest. Indeed, government should have moved it.

Hon Wilberforce Oundo has introduced a bill to repeal the Land Control Act, and replace Land Control Boards with Land Control Committees in every constituency. While the bill may spell some improvements, some of its provisions appear to conflict with existing laws. Senator Chesang Allan Kiprotich has moved the Real Estate Regulation Bill to be tabled in Senate. Its effect would be to repeal the Estate Agents Registration Act, under which the current Estate Agents Registration Board is established. A bill with such far-reaching implications ought to be the preserve of government. The review of the 2009 national land policy was due by 2019. This review, Along with the implementation of the Community Land Act of 2016, beg action.

Dated: 15th September, 2023