Lands Commission nominees sent to Kibaki

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The Clerk of the National Assembly Patrick Gichohi has forwarded the names of nominees to the National Lands Commission to President Kibaki August 23, 2012.  NATION MEDIA GROUP

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Thursday, August 23  2012 at  16:20

IN SUMMARY

• Clerk’s letter is copied to Speaker Kenneth Marende, Lands minister James Orengo, Attorney General Githu Muigai, and the Permanent Secretary, Lands Ministry Dorothy Angote.

The Clerk of the National Assembly Patrick Gichohi has forwarded the names of nominees to the National Lands Commission to President Kibaki.

In a letter dated August 22, 2012, Mr Gichohi moved the push for land reforms a step closer to reality.

The nine, whose names have been submitted to President Kibaki: Dr Muhammad Swazuri, as the chairman; Dr Tomiik Mboya Konyimbih, Mr Silas Kinoti Muriithi, Dr Rose Mumbua Musyoka, Dr Samuel Kipng’etich Tororei, Mrs Abigael Mbagaya, Mrs Emma Muthoni Njogu, Mr Clement Isaiah Lenachuru  and Mr Abdulkadir Adan Khalif.

The Clerk’s letter is copied to Speaker Kenneth Marende, Lands minister James Orengo, Attorney General Githu Muigai, and the Permanent Secretary, Lands Ministry Dorothy Angote.

The letter now gives the President the powers to decide whether he wants to agree with Parliament to have Mr Khalif in the team. The President, through the Head of Civil Service Francis Kimemia had on July 13 this year rejected Mr Khalif’s nomination, based on an intelligence report.

The National Security Intelligence Service had alleged that Mr Khalif held three passports – for Kenya, Somalia and USA. But MPs, in approving Mr Khalif, said the NSIS did not “provide any documentary evidence”.

"The report from the security agencies lacked sufficient evidence on the alleged three passport numbers, travel details of the persons, any substantive links with the said political movement and links to Somalia politics to support the allegation against the candidate,” the House Committee on Lands and Natural Resources, which vetted the candidates, ruled.

The MPs added that even the Office of the President and the NSIS had not informed Mr Khalif, about the allegations facing him.

If the President rejects Mr Khalif, he will have to consult with the Prime Minister and ensure that fresh names are tabled in the House.

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The National Land Commission has the constitutional authority to manage public land on behalf of the national and county governments; and to recommend a national land policy to the national government. It also has the role of advising the national government on a comprehensive programme for the registration of title in land throughout Kenya.

It will also be the role of the commission to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities. Besides, it will initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress.

The law also gives the commission powers to encourage the application of traditional dispute resolution mechanisms in land conflicts; to assess tax on land and premiums on immovable property in any area designated by law; and to monitor and have “oversight responsibilities” over land use planning throughout the country.