NLC says Lands Ministry is watering down its powers

National Land Commission vice chairperson Abigael Mbagaya-Mukolwe during a fact-finding mission at Lower Solai, Rongai in Nakuru County. PHOTO | SULEIMAN MBATIAH

What you need to know:

  • The contentious bills before the Parliamentary Land Committee include the Physical Planning Bill 2015, Land Laws (Amendment) Bill 2015 and Community Land Bill 2015.
  • “There is also proposal that the NLC commissioners be appointed by the Public Service Commission (PSC), how can a commission appoint another independent commission?” she posed.

The National Land Commission (NLC) has accused the Ministry of Lands of altering several land Bills which are before a parliamentary committee.

The commission said the changes have also watered down its mandate and would “take Kenya backwards” and give the cabinet secretary sweeping powers.

According to NLC vice chairperson Ms Abigael Mukolwe, the drafts which were presented before parliament by the ministry were different from what a taskforce made up of NLC and other stakeholders had prepared.

The contentious bills before the Parliamentary Land Committee include the Physical Planning Bill 2015, Land Laws (Amendment) Bill 2015 and Community Land Bill 2015.

“A taskforce which NLC was part of gathered views from members of the public and gave the views to the minister. However what was presented to parliament was totally different,” said Ms Mukolwe on Tuesday during a press conference in Nairobi.

She said the commission had presented its grievances before the Lands Parliamentary Committee and was optimistic that MPs would make the required amendments and give NLC its authority.

Community Land Bill

“We have appeared before the parliamentary committee two times and we have made our proposals, we hope the parliamentary committee will effect the changes,” added Ms Mukolwe while speaking at the NLC offices.

She disagreed with a section of the Community Land Bill which proposes that the ministry will manage such land arguing that was the role of the NLC.

The commissioner said the ministry had also taken over the allotment of leases in the proposed laws yet that was the responsibility of the commission.

“There is also proposal that the NLC commissioners be appointed by the Public Service Commission (PSC), how can a commission appoint another independent commission?” she posed.

“We will however continue adjudicating even as the debate on the law continues,” she added.

Commissioner Samuel Tororei said another draft law, the Historical Land Injustices Bill was not properly subjected to public debate as it is required.

The commissioners also took issue with the ministry for claiming that NLC was wasting public resources by renting offices at the ACK Gardens Annex which is next to Ardhi House.

Ms Mukolwe said the offices were acquired after the ministry declined to share space with the commission at Ardhi House.

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