CS nominee Wahome put to task over draconian law clipping NLC powers » Capital News
NAIROBI, Kenya Aug 1 – Lands and Housing nominee Alice Wahome has disputed claims of conflict between the Ministry of Lands and the National Lands Commission (NLC).
Wahome was at pains to explain to the MPs vetting committee the working relationship between her office and NLC before her dismissal.
Lawmakers questioned the intent of the Lands Amendment Bill 2023 which was withdrawn following public outcry on what was termed as the draconian provision in the bill.
“Why did you want to usurp the powers of the National Lands Commission (NLC) through that bill?” Minority Leader Junet Mohammed posed.
“I want to hear your firm commitment respecting independent commission like National Land Commission,” Majority Leader Kimani Ichung’wah added.
The lands and housing nominee explained the amendments sought to domain the public land valuation mandate to the Lands Ministry since they are the custodians and overseers of the government projects.
“As far as I am concerned, we didn’t have conflicts with NLC.I am having a cordial working relationship with the chairman.Our mandate is different under the constitution but the valuation should be done by the owners of the project,which is the government because NLC is an independent,” she said.
Wahome accused some quarters of spreading false information aimed at painting a picture of a constrained working relationship between the Lands Ministry and the National Lands Commission which has largely been cordial.
She disclosed that the commission led by Gershom Otachi has internal wrangles which was portrayed when they failed to attend a senior meeting called by the Ministry.
“I don’t know here you information is coming from. I enjoy cordial relation between us and NLC either letter or verbal. Their mandate is not to encroach that of the ministry and vice versa. They have their own challenges and maybe MPs can intervene but its not between me and them,” Wahome stated.
The Lands Amendment Bill 2023 sought to vest the mandate of compulsory land acquisition under the Lands Cabinet Secretary.
The Bill which was withdrawn would see the Lands CS have the powers to compulsorily acquire public land on behalf of county and national governments, pay compensation to the affected land owners, issue awards, inspect property and take charge of the land lease renewal process.
On Land valuation mandate which was deemed controversial, the provision envisaged that Land CS will, by regulations, prescribe the criteria and guidelines to be adhered to by the acquiring public bodies while acquiring land.
“The Cabinet Secretary may reject a request of an acquiring public body to undertake an acquisition if it establishes that the request does not meet the requirements prescribed under Article 40 (3) of the Constitution, subsection (2) of this section,” read the bill.
The bill says that if the CS finds the request to be meeting the requirements, the CS will cause the affected land to be mapped out and valued using criteria under the Act.
The CS will then establish that the acquiring public body has identified the number and maintained a register of persons in actual occupation of land.
Upon approval, the CS will publish a gazette notice and deliver a copy to the registrar and every person with a legitimate interest in land.
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