Kabando criticises President Ruto over NLC directive

He said Ruto's order to strip the NLC of the power to value and compensate land is unconstitutional.

In Summary
  • He reminded Ruto that the days of the head of state having imperial powers are long gone.
  • Kabando said NLC just like all constitutional commissions draw its powers from the constitution and that his directive is illegal.
Former Mukurwe-ini MP Kabando wa Kabando
Former Mukurwe-ini MP Kabando wa Kabando
Image: FILE

Former MP Kabando wa Kabando has called out President William Ruto over his Sunday directive on the National Land Commission.

 

The former Mukurweini legislator said Ruto's order to strip the NLC of the power to value and compensate land is unconstitutional.

"Ruto's roadside decree that the Ministry of Lands will take over functions of National Land Commission is illegal, irregular and unconstitutional. It's a crude effort to kill constitutional governance and the spirit of CoK2010. A ploy to empower the Mafia at Ardhi House," Kabando said on Monday.

He reminded Ruto that the days of the head of state having imperial powers are long gone.

Kabando said NLC just like all constitutional commissions draw its powers from the constitution and that his directive is illegal.

"Rais Ruto should know that day's imperial presidency lorded it over the legislature, judiciary, everyone is gone. Constitutional agencies have their mandate well cut out. Even "goodies" he's dishing in churches and burials shouldn't be unless budgeted and approved by Parliament."

On Sunday, Ruto said his directive was aimed at sealing corruption holes in compensation.

He said the exercise would henceforth be done by the Ministry of Lands to ensure all Kenyans get equal compensation.

"Lands commission has become a market, if you have money you can bribe your way. A piece of land that goes for Sh1 million ends after a valuation being Sh100,000," Ruto said.

"We must separate for accountability, NLC will do its work and the ministry which has the powers will do the work," he said.

According to Article 67(2) of the Constitution, the NLC is mandated to; manage public land on behalf of the national and county governments, recommend a National Land Policy to the national government, advise the national government on a comprehensive program for the registration of title in the land throughout Kenya and conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities.

The NLC also initiates investigations, on its initiative or a complaint, into present or historical land injustices, recommends appropriate redress, encourages the application of traditional dispute resolution mechanisms in land conflicts, assesses tax on land and premiums on immovable property in any area designated by law; and monitor and have oversight responsibilities over land use planning throughout the country.

The Ministry of Lands is mandated with; National Lands Policy and Management, Physical Planning for land use, Land Transactions, Survey and Mapping, Land Adjudication, Settlement Matters, Rural Settlement Planning, Land Registration, and National Spatial Data Infrastructure.

It also oversees Land and Property Valuation Services and Land Administration, Administration of Public Land as Designated by the Constitution, Land Information Systems and Maintenance of a Public Land Bank.

Ministry draws its mandate from executive order No.1/2018, among other Acts.

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