Perhaps informed by recent developments such as the invasion of Basil Criticos' land in Taita Taveta following the Friday 12th July 2013 notice 'suspending evictions of illegal occupiers of land', the national land commission issued another notice on Tuesday 23rd July 2013 ''correcting'' its earlier notice suspending evictions.

The new notice observes that the notice on evictions appeared to have been misinterpreted by some people to give the impression that either an amnesty had been given to illegal occupiers or that the commission had permitted certain people to invade other people's private land. The notice categorically affirms that 'no one had been allowed to invade and occupy other persons' land'. The notice cites the provisions of article 40 of the constitution which protects rights of legitimate property.

The notice further clarifies that where a lease on public land has expired, there is no law that allows people to take over such land without due process. Indeed, the notice informs that normally, priority for the allocation of land following expiry of a lease on public land is given to the immediate land owner. The notice concludes by issuing caution that it is an offence for anyone to invade another person's land or public land and the rule of law should prevail at all times.

This new notice is timely and addresses itself to some of the sentiments expressed in earlier postings on this blog. It was nice of the commission to have made this qualifying notice. But it is hoped that in its future work, the commission will notice the risk involved in public notices that are left open to interpretation. It may help for public notices on land matters to be kept to a bare necessary minimum to avoid creating confusion and anxiety among land owners. Land administration is best ran through standard procedures, rules, regulations, guidelines and laws all aligned to sectoral policies and the constitution. Public notices can easily be later used in courts against the commission.