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The National Lands Commission (NLC) is in serious crisis after President William Ruto turned down its pleas not to take away its mandate to handle valuation.

The President’s move came as Members of Parliament (MPs) were in the process of amending the Lands Act to transfer the Land valuation component to the Ministry of Lands.

Commissioners and the secretariat met President Ruto at State House last week to plead their case with sources saying that the latter flatly turned down the request.

In the National Assembly, the commission faces yet another hurdle after the Public Investment, Commercial, and Energy Affairs summoned the commission chairman Gershom Otachi, and Chief Executive Officer Kabale Tache to explain their failure to honour committee sittings.

“Your conduct so far has been underwhelming, this is the final warning we will take action, one or both of you have to go,” Pokot South MP David Pkosing said.

In a recent report, the Senate Lands Committee accused the NLC of bias in compensating those impacted and ordered the commission to halt the compensation process until the issue is rectified.

A source privy to the State House meeting revealed that President Ruto took exception with the commission handling of various aspects especially the valuation of land for compensation in instances where the government has identified parcels for compulsory land acquisition was always skewed.

The commission also has to contend with, the Lands Laws (Amendment) bill currently before the House.
The bill seeks to give the Lands Cabinet Secretary powers to compulsorily acquire public land on behalf of both counties and National Government, pay compensation to the affected owners, issue awards, inspect properties as well as take part in renewal of land leases.

However, NLC has opposed the amendments terming them as unconstitutional and unacceptable.
Speaking in Isiolo County last year, Ruto said going forward, the Lands ministry will conduct valuation for purposes of accountability, to ensure equality when carrying out the land compensation.

“I have already commanded the NLC people that they will no longer do the valuations for land compensation. The Ministry of Lands will carry out the valuations so as to ensure every Kenyan get their equal share,” he said.

“I want NLC to listen to me very carefully because that commission has become like a market. Someone goes there, you find a piece of land worth Sh100,000 being valued at Sh1 million. For those unwilling to pay bribes, land worth Sh1 million is devalued to Sh100,000,” Ruto said.

In parliament, MPs were breathing fire accusing the commission of being an impediment to compensation for those whose land was taken for development.

Yesterday, Tache was expected to explain the whereabouts of documents for compensation for land under SGR Phase 1. The commission was to appear alongside Kenya Railways Corporation (KRC) to explain delayed compensation for the land.

The query, raised by the Auditor General in her report, states that the supporting documents for compensation amounting to Sh1.04 billion to Project Affected Persons (PAPS) by way of beneficiary copies of National Identity cards, Kenya Revenue Authority Personal Identification Number (PIN) certificates and title deeds surrenders from the NLC were not provided.

Further, overpayments of Sh14.6 million were made to PAPs who were paid Sh15.7 million instead of the entitlement Sh1.08 million.

“Although recovery of Sh5.7 million has been subsequently made, a balance of Sh8.9 million was outstanding as at June 30, 2019. In the circumstances, the legality of the unsupported payments of Sh 1.04 billion and full recovery of Sh8.9 million on land compensation could not be ascertained,” reads the query.

The Horn of Africa Gateway Development Project, a road project being carried out by the Kenya National Highway Authority (KeNHA) in the upper eastern and northern regions of Kenya, is the subject of allegations of unfair compensation by the NLC.

Isiolo Senator Fatuma Dullo has argued the rates imposed in her county are different from those in the other counties, and as a result, those impacted in Isiolo have been subjected to discrimination.
She further claimed that the commission failed to disclose the compensation tabulation and forced the impacted parties to sign consent papers.

The Senator wanted the CS to further provide the criteria used in determining the compensation figures and what measures are in place to ensure equitable compensation in such cases.