Land reforms in Kenya have come a long way and we can now count policy and legal achievements such as:-

The Sessional Paper No 3 of 2009 on ‘the national land policy’.

2. A comprehensive chapter on ‘Land and Environment’ in the Constitution of Kenya 2010

3. The Environment and Land Court Act, 2011

4. The National Land Commission Act, 2012

5. The Land Act, 2012

6. The Land Registration Act, 2012

Much as there are some grey areas in the new land laws which call for attention, the timely and effective implementation of the above would be a big boon for Kenya. However, at this moment in our history, there are issues we must mind in order to keep the implementation of land reforms and our national development on course. These include:-

1. Maintaining peace for the March 2013 general elections: General elections since 1992 have been associated with violence just before, during or after. Unresolved land injustices and disputes have always been cited as contributory. It is important for Kenyans to note that unlike before, we now have the above policy, constitutional and legal frameworks to help us resolve any pertinent perceived or real injustices in a peaceful, constitutional and legal manner. Peaceful resolution of these injustices is good for our economic and political stability. Let us all refuse to be incited to violence by anyone on account of land issues this time round. Let Kenyans allow the incoming land institutions to provide leadership in this regard. Violence only begets more violence without resolving the pertinent issues. Let us therefore reject this futile route.

2. Appointment of the National Land Commission: Interviews for the chair and members of the National Land Commission were conducted and concluded as early as June this year. Parliament subsequently approved the names and forwarded them to the President for formal appointment as provided under the National Land Commission Act, 2012 in August. However, some three court cases stood in the way. These were all however addressed by 12th October 2012, paving way for formal appointment as can be seen on the scanned court ruling below. It should be noted that the National Land Commission Act, 2012 provides that “The President shall, within seven days of receipt of the approved nominees from the National Assembly, by notice in the Gazette, appoint the chairperson and members of the Commission approved by the National Assembly”. The Office of the President, the Parliamentary Committee on Land and Natural Resources and the Selection Panel should therefore account to Kenyans for their commissions or omissions towards the worrying delay, which is in excess of one month now, in appointing the Land Commission given its critical importance to land administration in Kenya as provided for in our National Land Policy, the Constitution and the new laws. The Land Commission is well placed to address issues of historical land injustices that partly fuel violence during general elections. It’s therefore prudent to have it earlier not later as we face the 4^th March 2013 elections.

Text of Scanned Ruling:

72. I have evaluated the process of nomination and appointment of the chairperson and members of the National Land Commission on the basis of the case presented by the petitioners and I am satisfied that the procedure adopted by the Selection Panel, President and Prime Minister and the National Assembly achieved the Constitutional objectives and statutory requirements of competence, gender equity, regional and ethnic diversity.

73. In the Circumstances, I do not find any infraction of the Constitution or the fundamental rights of the petitioners. Consequently, these consolidated petition are dismissed but with no order as to costs. The conservatory orders in force, are for the avoidance of doubts, discharged.

DATED and DELIVERED at NAIROBI this 12th day of October 2012.

D. S. MAJANJA,

JUDGE

3. Development of regulations to complement the operation of new Land and Land Registration Acts: The new Land Act 2012 and the Land Registration Act 2012 require the development of enabling regulations for the effective implementation of each of the laws. In a gazette notice No 10604 dated 19^th July 2012, the Minister of Lands appointed a Committee to develop these regulations. This committee has since sent out notices calling for public input and has been busy on its seed work. It is expected that the committee will soon hold public stakeholder forums to discuss its work. Kenyans should take advantage of this opportunity to contribute as requested in order to ensure the effective implementation of these laws.

4. Development of a Community Land Bill and an Evictions and Resettlement Bill: Similarly, through a gazette notice No 13557 of 19^th September 2012, the Minister for Lands appointed a Task Force to develop a Community Land Bill and an Evictions and Resettlement Bill. This Task Force has also been busy working to deliver the two Bills. It issued public notices calling for inputs and will be holding public stakeholder forums soon. Kenyans should seize the opportunities provided to give input to these key pieces of legislation.

5. Need for political goodwill and support by Presidential candidates and other aspirants: Land reforms are essentially about the equitable access, appropriate use and effective and sustainable management of our land and natural resources among others. Land reforms are central to people’s livelihoods and national development. For these reasons, they call for continuous political goodwill. Land reforms are therefore expected to inform the content of manifestos of political parties keen to provide leadership in the next government. Kenyans should keenly audit all party manifestos and messages from candidates for appropriate conformity and seek firm commitment from those aspiring to the offices of President, Senator, Governor, women representative, Member of Parliament or county representative, that they will support land reforms as provided for in our land policy and the constitution if elected into office. Kenyans should avoid voting in candidates keen to continue the inequality there has been in Kenya’s and administration.

Issued on 27th November 2012

By: Land Development and Governance Institute