With election season in full swing, politicians are making promises left and right. However, it's essential to separate fact from fiction and focus on the constitutional framework for land governance.
As we've moved beyond the problem-profiling phase of our history, we've embedded solutions to the land question in our Constitution and laws. This provides a structured policy and legal framework for land sector programs, making political promises outside of this realm mere hype.
The National Land Commission (NLC) has a clear legal mechanism for redressing historical land injustices, which has been a public process. However, the NLC can do more to provide regular public updates on progress and claims upheld or rejected.
Land Injustices ¶
Historical land injustices have been cited in various regions, including the coast, Rift Valley, northern, and central Kenya. Astute political aspirants should agitate for an increased budgetary vote to support the NLC and expedite public hearings.
They should also promise to whip Parliament to extend the statutory timeline for tabling historical complaints, which has since expired. Additionally, they should advocate for the settlement of landless people and squatters, which is provided for in our laws.
Private Property ¶
However, any settlement must be done within the constitutional guarantees of rights to private property. Politically suave operators who seek to influence the choice and value of land to be purchased create bottlenecks, distort budgets, and disinterest partners. This calls for political intervention.
Administrative and technical level challenges, such as widespread dissatisfaction with services offered in lands offices, a backlog of disputes, and insufficient technical personnel, also need attention. Modernization of land record management, enhancement of technical capacity, and improvement of physical infrastructure are necessary.
Political aspirants should speak to these issues as they seek votes, rather than making impractical promises.
— Mr. Mwathane is a consultant on land governance and chair, Land Development and Governance Institute. @mwathane
