By Leo Odera Omolo

The recent announcement by Kenya’s Minister for Lands James Aggrey Orengo that the government would soon seize plots of land whose 99-year leases have expired was received with mixed reaction and great expectations, shock and apprehension in certain quarters.

It , however, came as relief to the Kenyan communities who lost large tracts of land, seized at gun-point by the former colonial rulers many years ago.. The colonial administration had seized what was previously known as the “tribal reserve land ” and distributed the same to the white settlers at the turn of the twentieth century.

The latest move by Orengo, if implemented could witness the repossession by the government of thousands of hectares o disused land owned by absent foreign landlords at the Kenya’s coastal line. Even the family of the diposed former Sultan of Zanzibar still owns what was known as the “The Coastal Strip ” along the coastal line, But it could be also be a blessing in disguise to those people who were forced out of their ancestral land and consigned to the semi-arid and unproductive land in the South Rift region.

The issue of land ownership in Kenya, has remain and thorny and volatile and what the Minister had announced contained nothing therein it. The same is contained, not just in the Kenyan law, but also in the yet-to-be approved new National Land Policy. The law, however, is clear and well spelt that once leases expire, the land reverts to the landlords,.in this case, the government of the day.

Apart from the existing land law, the proposed National Land Policy has also outlawed l and downgraded LL THE 999-.year land leases to 99-year leases.

The 999-year leases were mainly given to the white land owners or white settlers who practiced agriculture during the early days of Kenya’s colonialism rule. But once the provisions of the legalized. National Land Policy is complete, those holding such long years farm leases will bid them goodbye.

Thoese expected to be affected will, obviously be the owners of large tract of land in much of Laikipia district, Naivasha and Nakuru, Nanyuki, Central Province, Machakos, Taita-Taveta and Kericho, bureti and Sotik districts. In the North Rift foreigners are still owning large tracts of land in both North and South Nandi districts, especially in the nandi hills area where there are close to 40 large scale tea estates and green leaves tea processing factories. Absenteeism landlords consist of wealthy Arabs from Oman and rich Europeans from various European countries.

In Laikipia, even the three first Kenyan families of the Kenyattas, Mois and Kibakis had acquired huge tracts of land on which they have established ranches in collaborations with foreign investors or on private family business concerns..

In Limuru, Nandi Hills, Kericho, Bureti and Sotik., thousands of prime land on which tea bushes are are currently standing on were grabbed from the owners and dished out, almost free of charge to the white settlers around 1910 and 1922. the early white settlers experimented the plantation of tea bushes, and their farms were latter swallowed by the arrival of multinational tea companies shortly before independence in early 1960s..

The lands were dished out to white settlers under what the local were made to believe that the leases of temporary ownership would last for 99-years.,and that thereafter the land would revert to the original ownership from people whose land were seized and redistributed to the white farmers, And when the communities concern pressed their demands that they should be told the truth, they were later given a rude shock when they learnt in the 1980 that the tea plantation lands were not for 99-yerar leases, but for 999-years leases.

The communities whose land was taken away have in fact been pressurising the successive KANU regimes ever since independence to make a firm stand on the issue of future o0wnership of the land after the expiry of leases.

This particular land issue, is believed to have been the bone of contention and source of disagreement between the late Kipkalya Kones, and the retired president Daniel Arap Moi and members of the Kipsigis community.Kones then the Minister of State in the office of the president earned his first sacking from the cabinet in the 1980s. The then youthful Minister was viewed suspiciously by the government was secretly inciting the Kipsigis community to demand back the thousands of acres of land on which tea bushes stand on and close to 30 green tea processing factories in both Kericho and Bureti and Sotik districts.

Kones was also known to be vehemently opposed to the idea of his community cousins from the north being favored in acquiring foreign owned tea farms, while his clansmen {the Kipsigis} had nothing, and the land is what they considered as their ancestral
The Kipsigis were also pressing for the land to change its status quo.

The land ownership issue has remained a thorny issue ever since the country attained her political independent from great Britain in 1963. It was the source of the tribal clashes which had erupted soon after 1991 lasting up to 1993. the skirmishes claimed close to 1500 lives of Kenyans. It erupted again soon after the 1997 general election spilling thousands of refugees from their homes. Some of those fled the clashes torn areas have yet to return to their homes, and are living with relatives in central Province and Nairobi.

But the worse clashes were those witnessed early this year following the much flawed presidential votes tallying..

The case of the original ownership of the land must be addressed. For example all the trea estates in kericho stands and still bearing the names of indiginant owners of the land and their sub-clans. For example Chomogonday Tea Estates owned by James Finlays Company stands on the land used to be occupied by a Kipsigis sub-clan, which is known as Kapchomogondek. While Kapsongoi , and Kitumbe are also bearing the sub-clans. The same are with places like Kapkorech, Chebown, Kimulot, Chebtebes, kerenga, and only Kimugu estates, which are names after the small river known as Kimugung’. These names are still fresh in the mind of the indigenous people whose cries for justice will never be given hearing.

The Kipsigis tea land issue was later to re-emerged during the 2007 general election, and the popular party the ODM led by the charismatic Raila Odinga exploited it to the muximum, dimissing the support the Moi family had given to the PNU and president KIbaki as “part of face saving after the former president had failed to assist the Kipsigis land buying companies to acquire the tea estates. “.

Moi himself unaware, went out full blast in his support for Kibaki re-election. The result was that from the two most populous Kalenjin sub-tribes, the Nandis and the Kipsigis turned Moi’s please down and only voted for the ODM ticket. This is also what is going to happen during the forthcoming by-elections in Sotik and Bomet.

Orengo’s new land policy, however, is not clear on the all-important issue of what will eventually happen to the land once it is taken over by the government. The new policy, however, calls for “clear legal framework for identifying and recording genuine landless people and establishing clear equitable criteria for allocation of settlement scheme plots. “

Although it sets out to solve landlessness in the country, the new policy recognizes that “it is not possible for every Kenyan to own land since land is finite resource; the goal of this policy is to facilitate access tom the land “.

The policy, generally offers a range of proposals on how to access, control and utilize land in the country. It was enacted out of a process that started in 2003 after the coming to power of president Kibaki’s administration., and was jointly co-ordinated by the Kenya Lands Alliance and the ministry of Lands. This took more than four years to complete. And this is the first time Kenya is implementing a comprehensive land policy.

The new KENYA’S land policy categorically banns foreigners owning land in the country. It asks the government to “prohibit non – Citizens from holding freehold interests in land, though those willing to engage in productive ventures cab be leased land for 99-year basis”. It is totally silent of what would be the future of the leased land once the 99-year lease expired.

If implemented, the new policy will put to an end the situation in which som extremely rich people like Adnan Kashogi or families which own vast tracts of lands. Even those in the habit of subdividing land into ever smaller pieces that they later sell will have to give up this kind of business.

ENDS

leooderaomolo@yahoo com

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Date: Tue, 24 Jun 2008 06:03:50 -0700 (PDT)
From: Leo Odera Omolo
Subject: LANDS MINISTER ORENGO’S NEW LAND POLICY DOES NOT EXPLAIN WHETHER THE SEIZED LAND FROM FOREIGNERS WOULD REVERT TO FORMER INDIGENIOUS OWNERS OR NOT