Petitions for claims

As Tuesday 21^st September, 2021, the expiry of the timeline for the submission of historical land injustice claims approached, the pace of presentations to the Land Commission got frenetic. Here’s a sample of some of the groups that trooped to the Land Commission offices within the last two weeks, as lifted off their tweeter feed.

Petitions for historical land injustice claims were presented by communities from Matuga, Kinango and Msambweni of Kwale County; those from the Orma communities in Tana North, Galole and Tana Delta of Tana River County; and communities with ownership claims to the Yala Swamp in Bunyala Sub-County of Busia County. Communities from Wajir County and the Ogiek community of Nakuru County also lodged claims. Representatives of the El-Molo community, who had visited to consult with the Commission a little earlier, were advised to ensure that they filed their claims before the deadline. Perhaps they did; or maybe they didn’t manage the deadline.

Poor public information

But the above helps to show the diversity of claims that reached the commission. Which is good evidence that this matter remains at the heart of some Kenyan communities. And I suspect that the shortlist is only representative of the numerous claims that may have reached the Commission. I for instance suspect that there were claims from Lamu, Kilifi and Mombasa Counties. Claims from Isiolo, Marsabit and Garissa Counties, as well as some from communities in Central Kenya and the South Rift region. And possibly, owing to the unavailability of information on the requirements and the timeline to this matter, many communities with legitimate claims may have been left out, or have had their claims time-barred.

Furthermore, there may be many groups and individuals who submitted unqualified claims. The operative law governing such claims is so specific that not just any claim can be sustained. Claims that could have been, or can be resolved within our existing judicial mechanisms, such as trespass, encroachment into community or private land, or multiple claims to the one property, do not qualify. All these can, and should be resolved within our existing law. They are not historical land injustices.

Justice ought to be done

It is therefore likely that when the Commission sits to process the claims, it may find itself saddled with all manner of unqualified claims, but at the same time, find many legitimate claims time-barred. Yet, given the importance of this historical matter to the stability and continuity of business and investments in Kenya, it would be ill advised to put it aside on account of the expired timeline. On this, justice should be seen to have been done.

Petition parliament for extension

The Commission should therefore move with speed to process the claims, and, if necessary, seek extension of the statutory timeline through parliament early enough. Alternatively, members of parliament from the affected areas should. But the extension should be buttressed by adequate public sensitization so that the matter is comprehensively handled and closed.

Dated: 1^st October, 2021