- National Assembly Minority leader in a statement warned that Ruto’s directive— if left to stand — risks plunging the country to abuse of state powers
- Ruto on Sunday directed that NLC will no longer carry out the valuation and compensation role.
Image: EZEKIEL AMING'A
Azimio La Umoja has termed as illegal and ill-advised President William Ruto's move to strip the National Lands Commission of its valuation and compensation mandate.
Land valuation entails the process of determining the market value of land.
The opposition on Tuesday said the President has no constitutional powers to transfer functions of an independent institution.
National Assembly Minority leader Opiyo Wandayi in a statement warned that Ruto’s directive— if left to stand — risks plunging the country to abuse of state powers and patronage that characterised the land administration prior to the 2010 Constitution.
“We contend that Ruto has no powers to transfer functions that have granted by statute and the Constitution. Further, there is no law that supports such a position,” Wandayi said.
“At the very best, Ruto, is hell-bent on stripping the NLC of its powers of land valuation and compensation, can only seek to do so by proposing amendments by Parliament of the relevant laws.
“We, therefore, demand that the National Land Commission’s powers be left intact as was originally envisaged by the Constitution and other enabling legislation.”
The Ugunja MP said the commission is grounded in law and under Article 67 of the Constitution and its functions ring fenced by various statutes, including the National Lands Commission Act (2012) and the Land Act (2012).
“The Land (Assessment of Just Compensation) Rules at Rule 4 vests the role of assessment of the market value of land to be acquired by the government in the NLC. There is no mention of the president or any other body or entity,” he said.
“In line with Article 249 of the Constitution, it should be born in mind that the NLC is independent, only subject to the Constitution and the law and not subject to the direction or control by any person or authority.”
Wandayi was responding to Ruto’s directive on Sunday removing the valuation and compensation mandate from the commission and transferring it to the Lands docket.
“I want NLC to listen to me carefully, because that is where corruption is rampant. Someone gives a bribe and a land that is worth Sh100,000 is valued at Sh1 million and if you do not pay your land is undervalued,” he said.
“It is not possible for NLC to decide where compensation is going to happen and how much is going to be compensated. We must separate powers for purposes of accountability. NLC will work on their mandate and the Ministry of Lands will handle the valuation."
In making the announcement, Ruto said there were rampant cases of widespread corruption when it comes to determination of compensation amounts.
He further alleged that this move would enhance accountability and help stem corruption.
But Wandayi faulted the process, insisting that Parliament is the only agency that can vary the functions of an institutional commission.