• Of concern to the CBOs is the Bill in the National Assembly that seeks to strip the NLC of its roles.
• The Land Laws (Amendment) Bill, 2023, is being sponsored by National Assembly Majority Leader Kimani Ichung'wah.
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Failure to observe the law is one of the major hurdles to land reforms in the country, a lobby has said.
The Kenya Land Alliance, an umbrella body comprising 32 civil society organisations raised the concern during its annual Members Baraza in Nairobi on Wednesday.
“There is a lack of constitutionalism and observance of the rule of law that is encapsulated within the Constitution itself, numerous laws from Parliament, jurisprudence emerging from the courts of law, and other proclamations and decisions by state or non-state independent bodies or institutions that are very conversant with land matters,” KLA CEO Faith Alubbe said.
National Land Commission chairman Gershom Otachi attended the event.
Alubbe, who read the communiqué, said there are allegations of corruption in the justice system, especially in the Court Users Committee.
Of concern to the organisations is the Bill in the National Assembly that seeks to strip the NLC of its roles.
The Land Laws (Amendment) Bill, 2023, is being sponsored by National Assembly Majority leader Kimani Ichung'wah.
If the new bill is enacted, Lands CS Alice Wahome will be given powers to sanction land acquisition for state projects.
Alubbe said there are contested spheres of jurisdiction over land governance between the national government and NLC, with a direct impact on the implementation [or non-implementation] of policies and laws governing the land sector.
“This affects policy and legal context around food security, mining, minerals, and extractive industries, vast colonial-era producer estates, conservancies [which continue to exert tremendous pressure on land access, use, and natural resource utilisation], and climate change.”
The organisations have recommended that the state advances the rule of law and principles of separation of powers to the established institutions to promote transparency and accountability in land administration.
“There is a need to promote values of transparency, accountability, equity, and equality around mega-infrastructural projects, mining activities, conservancies, and the distribution of titles,” the communiqué said.
The CBOs also urged the state to strengthen collaboration among government agencies, local authorities, civil society organisations, and communities to foster a coordinated and inclusive approach to addressing land-related challenges.
The CBOs also want the state to develop comprehensive capacity-building programmes to equip stakeholders, including land administrators, surveyors, community representatives, CSOs, and the public, with the necessary skills and knowledge around land tenure security, climate change, food security, and the use of technology.
They also want the state to establish a settlement fund to acquire land and resolve landlessness.
Otachi said NLC is answerable to the people and not individuals, as per the Supreme Court advisory of 2014.
He said the commission listens to the citizens, especially with regards to historical land injustices.
The chairman said the commission encourages citizens to explore alternative dispute resolution mechanisms to deal with land issues.
Kenya Land Alliance, Shibuye Community Health Workers, Taita Taveta Human Rights Watch, Entashata Community Based Organisation, Sauti ya Wanawake Pwani, Haki Nawiri, Habitat for Humanity Kenya, ASEGIS Community Network and ILISHE Trust Mombasa endorsed the communiqué.
Agency for Turkana Development Initiatives, Taita Taveta University, Development Agency Wajir Netherlands, Lamukani CBO, Catholic Justice, Peace Commission, Arid Lands Action Forum, Friends of Loita Forest and Friendly Integrated Development Initiatives in Poverty Alleviation also signed it.
Others are Pastoralists Rights and Advocacy Network, Minda Trust, Pamoja Tuangamize Dhuluma, Endorois Welfare Council, Olkejuado Pastoralists Development Organisation, Woman Pillar Alliance, Ogiek Peoples Development, WASO Trust, Development Agency Wajir Netherlands, Forest Action Network, and the Institute of Pastoralism Development and Research, among others.