KENYA: WHY KIBAKI IS HESITANT TO GAZETTE THE NAMES OF LAND COMMISSIONERS

From: Ouko joachim omolo
From: Ouko joachim omolo
The News Dispatch with Omolo Beste in images
TUESDAY, FEBRUARY 19, 2013

President Mwai Kibaki of Kenya is currently under fire for refusing to obey a court order that gave directives on the appointments of the land commissioners. A court order was issued on February 4th, 2013 and expired on February 11th, 2013, yet Kibaki has totally refused to Gazette the names of the commissioners.

President Kibaki and Prime Minister Raila Odinga nominated members to the National Land Commission (NLC) to manage public land on behalf of the national and county governments.

The President and PM nominated Muhammad Swazuri, a former commissioner of the Constitution of Kenya Review Commission, as chairperson of the NLC. Other nominees are Dr Tomiik Konyimbih, Silas Muriithi, Dr Rose Musyoka, Dr Samuel Torerei, Abigael Mbagaya, Emma Njogu, Clement Lenachuru and Abdulkadir Khalif.

Kenya National Land Commission will also investigate present or historical land injustices and recommend redress, encourage the application of traditional dispute resolution mechanisms in land conflicts, assess tax on land and premiums on immovable property and have over-sight over land use.

Section 67 of the new constitution states that: (1) There is established the National Land Commission. (2) The functions of the National Land Commission are—(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. (3) The National Land Commission may perform any other functions prescribed by national legislation.

Civil society groups staged a street protest outside Kibaki’s office in Nairobi calling on him to respect the February 5 High Court order that asked him to immediately gazette the officials of the crucial body.

According to reported facts on Kibaki’s wealth posted by Tiskie on Mar 7, 2010, 6:25pm, Kibaki’s family owns 30,000 acres plus. This could explain one of the reasons why Kibaki is hesitant to Gazette the names of commissioners. Click here to read Tiskie’s report- REPORTED FACTS ON KIBAKI’S WEALTH? SHOCKING!!

The Kibaki, kenyatta and Moi families also own large tracts, most held in the names of sons and daughters and other close family members, all concentrated within the 17.2 percent of Kenya that is arable or valued. Remember that 80 per cent of all land in Kenya is mostly arid and semi arid land.

According to the Kenya Land Alliance, more than a 65 percent of all arable land in Kenya is in the hands of only 20 per cent of the 35 million Kenyans. That has left millions absolutely landless while another 67 per cent on average own less than an acre per person.

Uhuru Kenyatta’s family alone owns at least 500,000 acres of prime land spread across the country. The land was acquired by his father in the 1960s and 1970s when the British colonial government and the World Bank funded a settlement transfer fund scheme that enabled government officials and wealthy Kenyans to acquire land from the British at very low prices.

According to estimates done by the independent surveyors and Ministry of Lands, Kenyatta’s land may be little or more than 500,000 acres.The parcel of lands include;

10, 000 acre Gichea Farm in Gatundu.

5, 000 acres in Thika.

9,000 acres in Kasarani Mwiki

5, 000-acre Muthaita Farm.

24, 000 acres in Taveta

50, 000 acres in Taita,

29, 000 acres in Kahawa Sukari along the Nairobi—Thika highway stretching all the way to Kilimambogo Hills in Ukambani.

Others include:

10, 000-acre ranch in Naivasha.,

52,000-acre farm in Nakuru

20,000-acre one, also known as Gichea Farm,

10, 000 acres in Rumuruti,

40,000 acres in Endebes in the Rift Valley Province

Others are:

Brookside Farm, Green Lee Estate,Njagu Farm in Juja, a quarry in Dandora in Nairobi.

Mama Ngina Kenyatta, Magana Kenyatta, Uhuru Kenyatta, Christine Wambui, Anna Nyokabi and Muhoho Kenyatta are among the beneficiaries of the late mzee fortunes.

According to Safina Presidential candidate Paul Muite the issue of land should be fully addressed and those who grabbed public land should hand it over to the government, noting that land was a sensitive issue mainly in Central, Rift Valley and Coast region with the poor been the most affected.

“The issue of land should be addressed from 1963 and if anyone grabbed public land then the government should repossess it,” he said recently when he was addressing tens of IDPs in Mai Mahiu Naivasha where he expressed his concern over their failed resettlement and their living conditions.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ UN Disarmament Conference, 2002

One thought on “KENYA: WHY KIBAKI IS HESITANT TO GAZETTE THE NAMES OF LAND COMMISSIONERS

  1. Ouko joachim omolo

    KENYA: EMERGING ISSUES ON KIBAKI’S REFUSAL TO GAZETTE LAND COMMISSIONERS

    From: Ouko joachim
    The News Dispatch with Omolo Beste in images
    WEDNESDAY, FEBRUARY 20, 2013

    Following my article of yesterday why Kibaki is hesitant to gazette the names of land commissioners, some of our News Dispatch readers wondered whether Kibaki has been directed by his inner circle gurus to wait until March 4 elections when Uhuru is hopefully to become the president so as to use the parliament to amend the section of land and do away with land commissioners.

    Although I am not certain whether this is his plan, but some Kenyans I have interacted with or I have heard talking about the issue are of the same opinion. It explains why some of elite Kenyans who own big chunk of public land did not want the new constitution.

    They felt comfortable with the old constitution because it failed to address adequately issues such as historical injustices, land redistribution, proper land use and environmental matters.

    Old constitution did not help solve matters concerning land and this resulted in landlessness, inequality and political infighting as witnessed during tribal clashes over the past two decades.

    The public land owners fear the new constitution because land chapter has set out the broad principle in land matters and established an efficient, equitable, institutional and constitutional framework for land ownership, administration and management.

    With the new constitution once legislation of land laws is finalised, it will ensure that land is held, used and managed in a manner that is equitable and efficient. This will eliminate absentee landlords and check on speculators who hold large idle land.

    It will also mean that the numerous land cases will drastically reduce as the Constitution encourages settling disputes using alternative dispute resolution, including recognised community initiatives.

    They are afraid because according to the new constitution public land shall be administered by the National Land Commission, which will ensure that alienation of public land is for good use unlike the past when Government and County officers could alienate land and allocate to powerful influential people disregarding laid down procedures of allocation of either Government or trust land.

    They have the reason to fear because with new constitution every community will have control over its own land and will prevent land grabbing and destruction of revered sites like the Mijikenda Kayas.

    Fr Joachim Omolo Ouko, AJ
    Tel +254 7350 14559/+254 722 623 578
    E-mail omolo.ouko@gmail.com
    Facebook-omolo beste
    Twitter-@8000accomole

    Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

    -Anne Montgomery, RSCJ UN Disarmament Conference, 2002

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