LAND

The proposed constitution will give Kenyans an opportunity to correct historical injustices on land.

The chapter on land, Prime Minister Raila Odinga said, was among “the most carefully considered” ones in the draft despite some politicians saying it was controversial.

“The draft has dealt with the issue of land in such a manner as to enable the correction of historical injustices and prevent abuse in the future,” said the PM.

He said those opposed to the draft on the basis of provisions on land were trying to protect their interests as they had land acquired illegally.

Among the provisions of the chapter land is the creation of a National Lands Commission to replace the office of the Commissioner of Lands.

The commission shall initiate on its own initiative or on a complaint, into present or historical land injustices and recommend ways they can be corrected.

Said Mr Odinga: “This provision recognises the fact that a large portion of the Kenyan peoples have lost their land in circumstances they don’t consider fair. I find no fault with that.”

The National Land Commission will become operational through the National Land Commission Act to be prepared if the proposed constitution gets the greenlight at the August 4 referendum.

Land policy

Mr Odinga was speaking during the commissioning of the new banking hall at Ardhi House, the headquarters of the Lands ministry in Nairobi.

The ministry also launched an Integrated Land Rent Information System, which will enable people pay land rent using mobile money transfer services.

Mr Orengo said the ministry’s main goal now was to fully implement the National Land Policy adopted by Parliament on December 3, last year.

It was impossible to implement the policy under the current laws, “which are varied and complex,” he said.

Four of the existing Acts – Registration of Titles, Registered Land, Government Lands and the Land Titles – will be merged into the Land Registration Act.

Higher Education minister William Ruto is among those opposed to the adoption of the new constitution over what he terms as flaws in the land chapter.

According to Mr Sammy Mwaita, a former Commissioner of Lands and current Baringo Central MP, the provisions on land would hurt owners of small pieces of land.

The proposed constitution says Parliament “shall enact legislation to prescribe minimum and maximum land holding acreages in respect of private land”.

This, says Mr Mwaita, means that those with land smaller than the minimum MPs will set will have to consolidate their land with others to get title deeds.

Mr Odinga said the proposed law viewed land as a factor of production and, “it is only fair that it be shared equitably.”