Ignore political hyperbole; answer to land question is in Constitution

We are into the mad season again. Politicians are on the beat seeking votes. On podiums they rant, talk at each other and make all manner of promises. Those of us who have had an opportunity to speak to audiences may not be surprised. Audiences have a way of raising speakers to a momentary ‘high’ when one could easily drift off. Unguarded speakers, especially politicians, can therefore easily make unwarranted and impractical promises.

In earlier contributions, I have shared highlights informing that, having embedded solutions to its land question in the Constitution and laws, Kenya moved on. We have moved from the problem-profiling phase of our history, onto designing and implementing appropriate programmes in response to our documented challenges.

This is good as land sector programmes, even where restorative, will be guided by a structured policy and legal framework. Political promises made outside this realm are mere hype. Our politicians should familiarise themselves with this status before making promises.

The existing framework, for instance, provides a clear legal mechanism for redressing historical land injustices, often brought up in political meetings, through the national National Land Commission (NLC). The process has been quite public. The NLC can do more to provide regular public dispatches on progress and the claims upheld or rejected.

This process is expected to address the historical land injustices usually cited at the coast, Rift Valley, northern and central Kenya regions. I would expect astute political aspirants to, therefore, agitate for an increased budgetary vote to support the NLC to expedite related public hearings.

I would also expect to hear them promise that they will whip Parliament to extend the statutory timeline for the tabling of historical complaints, which has since expired. The statutory timeline for the NLC to review grants of previously irregularly allocated public land, and make recommendations, also expired. Parliament did not extend it. This qualifies for political intervention.

The other politically expedient issue is the settlement of landless people and squatters. This, too, is provided for in our laws. The Land Act provides for settlement programmes and a support Land Settlement Fund. This fund may be used to purchase private land for the settlement of squatters, displaced persons, conservation and development. It can, therefore, be used to resolve the problem of displaced persons and squatters who may be on land belonging to absentee landowners at the coast, and other parts of Kenya.

But that must be done within the constitutional guarantees of rights to private property. At implementation, a least-spoken about challenge in this regard is interference by politically suave operators who seek to influence the choice and value of land to be purchased. It creates bottlenecks, distorts budgets and disinterests partners. Such meddling, and an enhanced allocation to the fund, call for political intervention.

There are numerous administrative and technical level challenges as well. Surveys by the Land Development and Governance Institute for instance reveal widespread dissatisfaction with services offered in various lands offices countrywide. A backlog of disputes, insufficient numbers of technical personnel, lateness and inconsistency in offices and missing land records are cited. Service seekers have also decried delays in services and rent-seeking, all with adverse implications to land transactions and business.

Part of the panacea to this is modernisation of the management of land records and services, the enhancement of technical capacity and the improvement of some of the physical infrastructure. The new online system, Ardhisasa, which is yet to pick up, needs a serious revisit and improvement. All these call for better funding for the Lands ministry and, where the functions so require, the NLC.

These are some of the areas political aspirants should speak to as they seek votes.

Mr Mwathane is a consultant on land governance and chair, Land Development and Governance Institute. [email protected] @mwathane