Why Ruto NLC power order requires constitutional review

It may require an amendment to the Constitution to transfer the valuation role from the National Land Commission to the Ministry of Lands.

Article 67 (g) of the Constitution gives NLC the mandate to assess tax on land and premiums on immovable property in any area designated by law.

The NLC is among constitutional commissions whose mandate is ring-fenced and protected in the Constitution.

According to the Constitution, a review of the mandate of any constitutional commission requires a constitutional amendment.

Article 67 of the Constitution provides for the mandate of the commission as:

(a) to manage public land on behalf of the national and county governments;

(b)to recommend a national land policy to the national government;

(c)to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;

(d)to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;

(e)to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress;

(f)to encourage the application of traditional dispute resolution mechanisms in land conflicts;

(g)to assess tax on land and premiums on immovable property in any area designated by law; and

(h) to monitor and have oversight responsibilities over land use planning throughout the country.

The National Land Commission sets out additional roles for the commission.

They include working in accordance with Article 67(3) of the Constitution on behalf of, and with the consent of the national and county governments:

(a)alienate public land;

(b) monitor the registration of all rights and interests in land;

(c) ensure that public land and land under the management of designated state agencies are sustainably managed for their intended purpose and for future generations;

(d) develop and maintain an effective land information management system at national and county levels;

(e) manage and administer all unregistered trust land and unregistered community land on behalf of the county government; and

(f) develop and encourage alternative dispute resolution mechanisms in land dispute handling and management.

President William Ruto had on Sunday ordered that the land valuation mandate be domiciled at the ministry going forward in order to deal with graft at the commission.

Speaking during a church service in Isiolo, Ruto said going forward the Lands ministry will conduct valuation for purposes of accountability, to ensure equality when carrying out the land compensation.

“I have already commanded the NLC people that they will no longer do the evaluations for land compensation. The Ministry of Lands will carry out the valuations so as to ensure every Kenyan get their equal share,” he said.

“I want NLC to listen to me very carefully because that commission has become like a market. Someone goes there land worth Sh100,000 is being valued at Sh1 million. For those unwilling to pay bribes, land worth Sh1 million is devalued to Sh100,000,” Ruto illustrated.

Additionally, Ruto emphasized the need to treat all Kenyans equally and ensure that everyone receives what they deserve.

“That nonsense must stop and going forward it is not possible for the National Lands Commission to decide where the compensation is going to happen, who is going to be compensated and how much is it going to be paid,” he said.

“We must separate for purposes of accountability NLC to do their work and the Ministry of Lands who have the power to do the valuation they do their work so that we stop this problem that Isiolo residents have found themselves to be compensated.”