Filing claims: Deadline looms

In January 2019, through a contribution in the Saturday Nation, I pointed out that any legitimate historical land injustice claims must be lodged with the Land Commission by September 2021. The applicable provisions in the Land Laws (Amendment) Act, 2016 provided for a five year timeline effective 21^st September, 2016. This comes to an end on 21^st of this month, hardly three weeks from today.This information has been in the public domain all along. And besides write ups such as this, public sensitization on this critical matter has been happening through various civil society organs. And the Land Commission too.

The pertinent law lays out a clear mechanism and timelines for those aggrieved to seek redress. It provides that pertinent historical claims be submitted to the Land Commission. Once admitted by the Land Commission, the claim undergoes investigations, and, if upheld, an appropriate redress is recommended. And the complaints must fall between 15^th June, 1895 when Kenya came under the British East African Protectorate, and 27^th August, 2010, when the new constitution of Kenya was promulgated. The subject claim must be verifiable and must have resulted in the displacement of the claimant, or some other historical land injustice. Importantly, the grievance must be beyond redress through our ordinary courts either due to contradictions in the law applicable when it happened, or due to limitations of time.

Permissible Claims

Permissible historical land injustice claims for instance include those occasioned by colonial occupation, the struggle for independence, pre-independence treaties or community-government agreements. Claims from development-driven displacements for which no compensation or any other remedy was made, politically motivated or conflict based evictions and displacements from natural disasters also qualify for consideration.

From narratives echoed during Kenya’s land reform dialogues, most land injustice complaints fall within the Coast, Northern, Central and the Rift Valley regions of Kenya. And these have been the source of bitterness and pain, which, in some instances, undermine peace through violent conflicts. It was anticipated that the legal mechanism provided would help to bring any legitimate grievances to an end, promote peaceful coexistence and allow sustainable businesses in the affected regions to thrive. It has therefore been most disheartening to read media reports to the effect that Kenyans in some of the targeted regions haven’t seized the available window to file claims. Yet this window is time bound and must close.

Unresolved injustices undermine peace and investments

The timeline couldn’t have been left open-ended. That would have consequences to investments. Unresolved claims are fodder for volatile politics. Closure of such fundamental matters therefore boost investor confidence. Community leaders, and even counsel for affected individuals, must not bank on an extension of time. I have participated in setting, and even attempts to vary such legal timelines through parliament. It’s hard and usually unsuccessful. It would therefore be wise strategy to exploit the remaining window, however narrow, to table any pending claims. This would be good for Kenya’s future political and economic stability.

Dated: 3^rd September, 2021