- On May 21, Ruto stripped the NLC of its powers to evaluate lands in the country.
- Ruto said the move was meant to seal corruption loopholes in compensation.
Image: WILLIAM RUTO/TWITTER
Civil Society organisations in the land sector have threatened to move to court and challenge the ‘unconstitutional declaration’ by President William Ruto stripping the National Land Commission of some of its functions.
The over 10 organisations under the umbrella of the Land Sector Non-State Actors said Ruto’s move risks watering down all reforms the country has made in the land sector.
“We further wish to remind the public and the President that, before land reforms, land governance processes which were presided over by the then Ministry of Lands, were riddled by rampant land grabbing, severe land insecurity, poor accountability, inequalities in land allocation, rampant corruption, landlessness and poor land use planning,” said Mwenda Makathimo from National Land Coalition.
On May 21, Ruto stripped the NLC of its powers to evaluate lands in the country.
Ruto said the move was meant to seal corruption loopholes in compensation.
He said the Ministry of Lands will henceforth do the exercise to ensure all Kenyans get equal compensation.
“Pale kwa lands commission imekuwa soko, mtu unaenda hapo unalipa pesa kidogo, shamba ya laki moja inakuwa milioni moja na kwa sababu hujatoa pesa shamba yako ya milioni moja inakuwa elfu mia moja,” Ruto said.
Ruto made the disclosure at Isiolo Boys School grounds during a religious service organised by Christians and Muslims.
Civil society organisations have demanded that the President halts any unconstitutional moves aimed at transferring NLC’s functions saying it is an affront to the constitution and land laws.
They said the state should engage the constitutionally mandated institutions to investigate any alleged malpractices by any official in NLC.
They also want the government to urgently establish the land acquisition tribunal and finalise the development of the Land Value index as provided for under the Land Value (Amendments) Act, 2019.
During the press conference, Makathimo was flanked by Land Sector Non-State Actors member Sam Olando, Land Sector Non-State Actors chairperson Dr Annette Mbogoh and the Convener of Land Sector Non-State Actors Ken Otieno.
Other officials from Pamoja Trust, Reconcile, Kituo Cha Sheria, Kenya Human Rights Commission, Natural Justice, International Land Coalition and Kenya Wildlife Conservancies Association were also present during the press briefing at Lilian Towers.
The Land Sector Non-State Actors is a network of civil society organisations working together to promote secure and equitable access to land and natural resource for all through advocacy, dialogue and capacity building.
The organisations said before land reforms and the enactment of the Constitution 2010, the powers of the president, the Commissioner of Lands and local authorities were grossly abused to the detriment of citizens’ land rights.
They said the net effect was mismanagement of the land governance, a history that the country does not wish to go back to.
The organisations said Kenyans through their wisdom placed the role of compulsory land acquisition, including valuation, under an independent commission—the National Land Commission.
The actors said the consistent attack on NLC as an independent commission is an affront to the constitution and seeks to delegitimise its role and its independence for short-term selfish gains.
“We wish to urge members of the public to treat with the utmost contempt and ignore the supposed unilateral declaration that the functions of valuation for land acquisition purposes have been transferred from the National Land Commission without any public participation and disregard to the constitution dictates and or legal process in policy making,” Makathimo said.
He said the move also goes against the national values and principles of governance as provided for under Article 10 of the Constitution of Kenya 2010, which should be upheld by the President.
Makathimo said the move also infringes on Article 40 (3) (b) (c) which requires the state to make prompt payment in full, of just compensation to the person whose property is compulsorily acquired for public purpose.
“The independence and the protection of compulsory land acquisition process are being attacked. Who is acquiring land? It is the state that is acquiring land from private individuals. Who budgets the money for compensation? It is the state which is the National Treasury. Who is doing the projects that will be done such as roads, and dams? It is the state. NLC is doing valuation to ensure citizens' interests are protected so that they get fair compensation,” he said.
Makathimo said if the move is allowed, there will be no safeguards since the person acquiring, budgeting, nominating the tribunal and implementing projects is the state.
He said should the declaration be allowed to stand, the compensation will be subject to the National Treasury.
The Civil Society now joins a long list of organisations that have vehemently opposed Ruto’s move.
Surveyors have also faulted the President’s move to strip NLC of its valuation and compensation mandate.