Ruto’s decision to strip NLC valuation powers critisised

Politicians and lobby groups have criticised President William Ruto’s decision to strip the National Lands Commission (NLC) of its powers to carry out valuation of land meant to be acquired by the government.

The Azimio la Umoja coalition headed by Raila Odinga and Kenya Land Alliance (KLA) said the directive from the President was “illegal and unconstitutional”.

Speaking separately, the institutions said NLC should be allowed to perform its duties as outlined in the Constitution.

The Leader of Minority in the National Assembly, Opiyo Wandayi, said Ruto’s decision to have the function of carrying out land valuation transferred to the Ministry of Lands would open the door to misuse of powers and patronage that had characterised land administration processes before the 2010 Constitution came into force.

 In a statement, Wandayi said that the Land Act vests powers of compensation in instances of compulsory acquisition in the NLC as per sections 112 and 115 of the said act. The act mandates the commission to conduct inquiries as to compensation as well as payment of compensation amount to project affected persons

 Reads the statement, “The National Land Commission is a creation of Article 67 of the Constitution of Kenya, 2010 and is generally mandated to deal with public land. Other functions of the NLC are derived from statutes including the National Land Commission Act (2012) and the Land Act (2012).

“NLC has the power of land valuation, an exclusive function to them, and no other person or authority has the power to share in that mandate under both the Constitution and statute law.”

 Wandayi was categorical that Ruto has no powers to transfer NLC functions that have been granted to them by the various statutes and the Constitution as there is no law that supports such a position.

 According to him, for Ruto to make such changes, he can only do this by proposing amendments to the various laws that he wants to change.

“Regrettably, this move is an affront to the rule of law and unwarranted interference with the operations of constitutional commissions. The Constitution ordained that the commissions, and the holders of independent offices, were subject only to the Constitution and the law, and not subject to the direction or control by any person or authority,” he said.

Erode democratic norms

 KLA led by the Chief Executive Officer Faith Alubbe said the attacks on the NLC are unconstitutional and a direct move to undermine the principle of checks and balances, erode democratic norms, and pose a threat to the integrity and independence of crucial Land Governance institutions. 

“The President’s unwarranted criticism and attempts to undermine the credibility and authority of the National Land Commission is alarming. Under the new constitutional dispensation, requisite processes are clearly outlined thus the President is not mandated to amend constitutional provisions,” said KLA Chief Executive Officer Faith Alubbe.

Their sentiments come just a day after Ruto directed the Ministry of Lands to take over duties of valuation of land from NLC.