Commission gazetted: Wednesday 20th February 2013

Yesterday Wednesday 20th February 2013 evening, after about six months since Parliament approved names of Commissioners to the national land commission, President Mwai Kibaki gazetted the national land commission. The Commission may be sworn in any time now. This brings to an end a 'see saw' that saw three petitions filed against the gazettement by various groups of interested parties. The High Court dismissed all the petitions.

One group later appealed against the High Court decision and sought orders to restrain the President from gazetting. The Court of Appeal refused to give the orders until after a full hearing. That left the President free to gazette the commission. But he didn't. The 'see saw' continued.

Civil Society pressure

The land sector civil society groups, quite loud where such obstacles to reform emerge, went into action. The Land Development and Governance Institute (LDGI) began by buying out space and published the key court ruling in national newspapers. The LDGI statement also gave a clear run down of the appointment process. This empowered many others with factual information on the process status.

The Economic and Social Rights Center (Hakijamii) then went to court and sought orders seeking to compel the President to do his constitutional duty by gazetting the land commission. The High Court gave the order, directing the President to do so within seven days. He didn't even on the expiry of the period.

Bunge la Mwanachi then took to the streets and demonstrated, delivering a petition to Harambee House, asking the president to obey the court order and gazette the land commission. Then the Commission for the Implementation of the Constitution (CIC) weighed in and pointed out that the President was breaching the law and creating a dangerous precedent for the implementation of the Constitution. CIC further pointed out that the President risked getting sued for the breach once his immunity to legal suits ends on the expiry of his tenure in office.

This was complemented by a statement by several land sector stakeholders published in national newspapers calling for the gazettement of the commission, while also restating the key land issues in the country and the preferred way forward.

All these forces converged and the President finally gazetted the land commission. This is a relief to Kenyans and land sector stakeholders.

LDGI Press Statement from Nyeri

In a press statement issued from Nyeri during its land, peace and elections forum at Green Hills Hotel, Nyeri, the Land Development and Governance Institute (LDGI):-

• Has thanked the President for doing his constitutional duty on the matter, noting that this will positively define his legacy at exit since the land policy, the constitution and the new land laws, all key to land reforms, would not have been effectively implemented in the absence of a land commission.
• Pointed out that the Commission needs to be expeditiously sworn in by the Chief Justice to enable it begin implementing its mandate right away.
• Appealed that the Commission is given suitable space, goodwill and adequate budgetary support to enable it discharge its duties.
• Pointed out that the Land Commission must focus on the development of rules, guidelines and regulations for the operationalization of the new land laws as a primary exercise to enable the Kenyans fully benefit from the new land laws.