Kenya: Land reforms agenda in limbo as NLC’s tenure draws to a close

Land reforms agenda will be largely affected by decisions made in the coming days, leaving the country in limbo with no clear-cut standby strategy for the outgoing officials at the National Lands Commission (NLC).

Muhammad Swazuri, the beleaguered current Chairman of the controversial commission, will be holding his position together with other eight commissioners for the next 26 days as the clock ticks on their 6-year tenure which comes to a close on February 19.

As a result, a cloud of fear and valid concerns are now being raised by stakeholders in the sector as total confusion over what happens next sets in.

Kenya is in the midst of land reform that has far-reaching implications for securing the land rights of rural people (upward of 32 million in 2011), and promoting political stability and economic development. The reform is based on a National Land Policy (NLP), adopted in 2009 after years of consultation.

“Ongoing land reforms and infrastructure projects related to land leases and allotment could be delayed when the current team led by Swazuri ends on February 19,” said Ibrahim Mwathane, the chairman of Land Development and Governance Institute (LDGI).

He feels that the transition process to replace the current commissioners should have been kick started already because as it stands there is no robust hand-over mechanism in place – a key factor that is feared could expose service delivery at the crucial land registry offices across the country.

Some of the mega infrastructure projects at risk include the land compensation programme for the second phase of Standard Gauge Railway (SGR) connecting Nairobi and Naivasha town. The reimbursement plan for the exiled legal land owners where the SGR line will pass, is being supervised by NLC and the absence of a personnel to oversee such activities could further delay its smooth undertakings that is presently facing weighty snags.

Individuals and companies in the land lease programmes could also be caught in the chaotic mess if a solution is not met in time.

“The recruitment process therefore needs to be kick started urgently to avoid a prolonged period between the lapse of term of office of the current members and the assumption of office of the new team. Any extension of the recruitment period will occasion gaps in delivery of critical services to the public and adversely affect implementation of development projects,” says Mwathane.

The process of getting the country’s second ands commission should ideally take a minimum of seventy-seven (77) days if it was to be undertaken uninterrupted without gaps. It is feared that during this period slapdash deeds could unfold at the Commission’s headquarters with no practical head in charge. This would include ‘mysterious losses’ and tampering of crucial documents and land certificates at the NLS head offices.

Within seven (7) days of its constitution, a chosen panel consisting of several nominating bodies are expected to convene a meeting and send out invites for applications by qualified persons. In twenty one (21) days after expiration of the deadline for applications, the applications received should be considered, then shortlisted before interviews are conducted names of the qualified persons submitted to the President. Within fourteen (14) days, the President is expected to nominate the Chairperson and members of the Commission and forward the names to the National Assembly for approval.

The Parliament shall then proceed and vet the nominees within another twenty-one days (21) between the receipt of the names and approval or their rejection. In the event that it approves, the speaker of the National Assembly shall, within seven (7) days forward the names of the approved nominees to the President, who in return shall within seven (7) days of receipt of the approved nominees appoint the chairperson and members of the Commission through a Gazette notice.

He was speaking yesterday during the launch of a survey on Status of Service Delivery in the Land Sector by the institution and whose findings had noted that majority of Kenyans’ expectations had not been met by the commission’s mandatory six-year term in office.