The Lands Ministry humbles Ministers

Hon Charity Ngilu has the challenge of driving the rather treacherous Lands docket, now part of the wider Ministry of Lands, Housing and Urban Development. Lands has humbled many who preceded her. Seen as a gateway to quick wealth, the Lands docket attracts the regular attention of the high and mighty. The landless poor also constantly cry out for allocation of land or for the resolution of their many pending land disputes. These two constituencies are ever in competition for the attention of the Lands Minister. Ngilu can expect that her tenure won’t be any different.

The rich and poor in contest for land rights in Coast

But it’s in Coast that these two competing constituencies best manifest themselves. Many landless poor squat on parcels of land whose titles are in the hands of persons who are quite influential. The genesis to this is quite complex and need not be recounted. What is pertinent is that the status quo remains challenged and a suitable solution begs. However, those in possession of titles always invoke the doctrine of sanctity of title which Kenya subscribes to. Indeed, they point out that the titles they hold were issued through legitimate State processes under the statutes and institutions of the day. And since legitimate titles in Kenya enjoy state guarantee, such owners rest relaxed that there cannot be any threat to their titles without negotiations and compensation as laid out in our constitution and laws. Yet the indigenous people of Coast, who ‘perceive’ most such titles to have been issued against their legitimate indigenous land rights remain convinced that something ought to be done to redress the initial injustice.

The Port, Coastline and Tourism makes Coast strategic and sensitive

However, this contest of land rights plays out in a region which is home to Kenya’s main Port and the bedrock of our tourism industry. Coast is also home to precious mineral resources. It provides entry from the sea, making it a rather sensitive national security address. The convergence of these strategic interests compels us to therefore deal with the competing interests at Coast most carefully. This is a matter of national importance. Any Minister who therefore dares the Coast land issue must do so fully conscious of the security, political and economic implications. Such efforts must be well thought out, sincere and within the law. Luckily for us, a good reading of the letter and spirit of the national land policy, the constitution and the Land Act provides some helpful entry point.

Any solution must include political actors, land owners and the deserving to succeed

It‘s in this regard that one must view Hon Charity Ngilu’s recent foray into the Coast to address one of the key hotspots. Ngilu’s intent may have been sincere and aligned to the Jubilee government’s commitment to boldly dare the Coast land issue. This is in accordance with the party manifesto. But Ngilu must beware the fragile nature of her mission. She must carefully think through her road map. Much as she would score big if she successfully tackled even part of the challenge, she must get good legal advise and, importantly, whip up inter-party local political consensus. The sensibilities and interests of the land owners along with those of squatters and other landless people must be minded. The solution prescribed must be sustainable and should not set a precedent that could instead scale up the problem within the region.

That’s why it must be based on existing policy and legal frameworks. For this reason, it must include the national land commission which has the mandate to hold any land converted or compulsorily purchased for the settlement of persons. Successfully handling the Coast land problem presents a litmus test for the Jubilee government