Hon Martha Karua raised matter in Parliament

We must thank Hon Martha Karua, MP for Gichugu and Narc Kenya Presidential hopeful, for raising the matter of the delay in naming the National Land Commission in Parliament. In the last days of December 2012, Martha called upon the Minister for Lands, Hon James Orengo to clarify the immense delay. I must admit that I too are quite surprised by the Lands’ Minister’s continued silence on this matter given that this commission falls under his line Ministry. Yet he has continued to be vocal on other routine land issues. This silence could get misconstrued.

The remarks attributed to Hon Eugene Wamalwa as he spoke about the matter in Kwale may not be taken seriously. All petitions filed on account of this matter were dismissed by High Court Judge Justice Majanja on 12th October 2012. One petitioner later went to the Court of Appeal seeking exparte orders to restrain the president from gazetting. On 6th December 2012, Court of Appeal Judge Justice Martha Koome refused to grant orders restraining the president from gazetting the names Parliament passed on to him on 22nd August 2012. As things therefore stand, the president can gazette the names at his discretion. The Minister would do well to quote any specific order. Stakeholders who have closely followed this matter know of none. The public therefore has a right to continue holding government and those seeking election into high political office to account on the matter till its brought to a close.

Hon Raila and Uhuru should state positions too

More importantly, Hon Raila Odinga, the Prime Minister and a key presidential candidate, has also remained silent on this delay. This is most unhealthy to his national campaign. Land reform remains a fundamental issue in Kenya and his handlers must surely see that his silence on this issue should be broken. Observers were actually surprised that the Prime Minister established a task force to look into the coast land issue while it was obvious to all that the land commission would do a much better job on the coast issue.

Uhuru Kenyatta’s team too must mind public perceptions on his silence. Being among the leading presidential contestants, his team should have taken a strong position on the delay. Continued silence will only hurt his campaign. The other presidential aspirants would also do well not to ignore the matter. Land is close to the hearts of Kenyans and anyone who flies with this agenda in a sincere manner can only increase their vote baskets particularly in places like Central, Coast and the Rift Valley.

Civil Society to hold government and political class accountable

Meanwhile, civil society in Kenya should continue to hold the government and all the presidential aspirants accountable for omissions or commissions on this delay. The best of timing should have had the land commission as third one in office after the Commission for the Implementation of the Constitution and the Judicial Service Commission due to its key role as a gatekeeper to Kenya’s stock of public land. As matters stand now, this Commission may be the last in office by which time land allocations in sensitive places like Konza Techno Park, Isiolo Resort City and Lamu may have been selectively processed. The recent report by the Land and Natural Resources Parliamentary Committee on irregular allocations of land in Lamu may only be part of a much bigger land allocation story. This is part of the cost Kenyans may pay for this undue delay.