Following an earlier discussion on achievements under the constitution 2010, let’s look at some challenges. Much as the styles of the different high level office holders such as the Cabinet Secretary and Principal Secretary to the Ministry, along with that of the Chairman of the Land Commission, do make a difference, it’s been evident that the coming into office of the Commission disrupted status quo. But the complementary check and balance roles between the two institutions remain necessary. Forwards, it’s been suggested that the high level office holders devise mechanisms to consult internally and resolve pertinent issues before they spill over to the public. Unless adequate effort is made to ensure this, not even further changes in law or the constitution will help. Style and attitude matters!

There’s need for robust leadership and technical support to ensure that the Ministry, the Commission, County governments, the special land courts and all other new organs synergise to improve the sector. The courts haven’t yet done justice to workload. Their number ought to be increased and their human and technical capacity improved. Overall, the implementation of the constitution and policy should be more structured and systematic. A suitable plan, to guide actions by institutions and stakeholders, would be helpful. Evaluation, short and medium term budgetary projections for use by parliament and partners, and interventions by stakeholders, would also be easier.

More specifically, there’s need to review the Survey, Land Control, Valuers and Valuation for Rating Acts. The revved up titling programme must give greater attention to quality control. Errors in survey and on titles as reported from Waitiki, Kihiu Mwiri and Embakasi Ranching schemes need to be minimised. Focus must be given to the preliminary manual processes such as preparation of beneficiary lists, plot numbers and sizes. The application of the Community Land Act, which will impact over fifty per cent of Kenya’s land, has been poor. There has been evident lack of public awareness on this law; a gap the Ministry and stakeholders could close. To manage competing land uses, there’s need to roll-out the implementation of the land use policy in earnest.

The review of grants to irregularly allocated public land by the commission has issues. First, the provided five year statutory timeline expired in 2018. Parliament rejected an application for extension. Moreover, there was stakeholder dissatisfaction with the process, with complaints that it was subjective and not guided by clear rules of engagement. These are concerns that the new commissioners should revisit. The resolution of historical land injustices, which is tied to a ten year timeline from 2016, hasn’t gone well either. The last Commission opened up hearings to some Coast, Rift Valley and Central Kenya farms. This seemingly opened up issues which continue to simmer to date, which isn’t good for communities and the economy. The Commission and parliament need to give the matter further thought.

Women land rights have been embedded in our laws, but not fully embraced by communities. Community leaders and stakeholders should help in this. Finally, Parliament should provide more resources for programmes by the Ministry and the Commission, but provide tighter oversight.

Dated: 2nd October, 2020