Recommendations from the national commission on the future of the army. According to lawyer paul ndungu who chaired the ndungu commission, only a few recommendations made by three commissions on land are yet to be implemented. The recommendations on what is to be done are available in reports that have been compiled in the past. He was a member of the commission of inquiry into the land law system of kenya, 19992009 njonjo land commission. This summary of the report of the ndungu commission on illegal and irregular allocation of public land provides an insight into a critical recent episode in the struggles over land and graft in kenya. Report of the land commission of inquiry into the illegal or irregular allocation of land 2004. Forthese reasons, we whollysupportthe recommendations of the ndungu commission and in particular urge for recovery of all moniesunjustly gotten through illegal allocation of public land restitution and the prosecution of individuals, officials, companies and professionals involved in. The commission of inquiry into the illegalirregular allocation of public land, which came to be known as the ndungu commission after the name of its chair, paul ndungu, was a kenya government commission established in 2003. To put it in the latest context, it is first worth noting that on. Institution of surveyors of kenya isk on tuesday 3rd 2020, met the national land commission nlc at the nlc ack garden annex offices to discuss areas of mutual interest in tackling land. All allocations of public utility land are illegal and. This report has been prepared by the west midlands land commission for the sole benefit of the west midlands combined authority wmca to assist it in the performance of its statutory functions. Joint statement from the development partners group for the. Commission of inquiry into the illegalirregular allocation of public land.
Commission, the subject of renewed debate in light of. To put it in the latest context, it is first worth noting that on the graft front. The commission of inquiry into illegalirregular allocation of public land 18 the remit of the commission 20 part two the approach 23 1. Clear and time bound action plan for implementing the recommendations of the ndungu report will also be needed. Similarly, many illegal the commissions allocations of land around riparian sites recommendations have been illegally allocated by the kenya wildlife service. The ndungu report covers ten other forests as well as other public land, ranging from road reserves to cemeteries to public toilets and even state house land. Below is the summary of findings and recommendations by the commission. Report of the commission of inquiry into the land law system. The following summary of the report of the ndungu commission on illegal and irregular allocation of public land provides an insight into a critical, recent episode in the struggles over land and graft in kenya. Commission of inquiry into the illegalirregular allocation of public land the ndungu commission, in december 2004, its recommendations remain largely unimplemented and corrupt dealings in public land continue.
Were the government to implement the recommendation of the ndungu commission regarding restitution i. Land reform in kenya had been on the drawing board for the last three decades informed by a number of commissions of inquiry notably,akiumi commission 1999,njonjo commission 2002 and ndungu. Report and recommendation of the tribunal to investigate the conduct of the hon. The following summary of the report of the ndungu commission on illegal and irregular allocation of public land provides an insight into a critical, recent episode in the struggles over land and. The submissions were mainly around the salient issues in land sector, summarized below. The incorporation of the national land policy in the constitution and the enactment of laws on land by parliament is seen as an opportunity that will eradicate legal roadblocks that have hindered the implementation of recommendations made by the njonjo land commission rok, 2002, and the ndungu report 14 rok, 2004. The scottish land commission is driving a programme of land reform spanning both urban and rural land, to improve the productivity, diversity and accountability of the way scotlands land is owned and used. President emmerson mnangagwa yesterday received the land commission s report from the commission chairperson justice tendai uchena. It was focused on coming up with principles of a national land policy framework, the constitutional position of land and formulation of a new institutional framework for land. The following summary of the report of the ndungu commission on illegal and irregular allocation of. Joint statement from the development partners group for the kenya cg meeting land introduction the development partners group on land congratulate the government of kenya gok for the adoption and the publication of the report from the commission of inquiry into. Miscellaneous civil application 284 of 20 kenya law. Report of the high level panel on the assessment of key legislation and the acceleration of fundamental change developing policies that promote labourabsorbing businesses 96 infrastructure development 97 strengthen national agricultural plan 97 support youth entrepreneurship 98 support informal sector business 98.
Kenyas largest water catchment areas, with subsequent. Ndungu is a practising advocate in nairobi with over 30 years experience. Unfortunately, the trend of forced eviction is also running parallel to cases of land related corruption. Why kingis call on tjrc, ndungu report opens can of worms. The ndungu judicial commission on illegally acquired land says the transfer of the kisumu plant to the odinga firm was illegal and has recommended further investigations into how it was allotted. Abraham samoei handing over some publications to nlc chairperson mr. This report provides an insight into a critical recent episode in the struggles over land and graft in kenya. The family says it could also suffer complete loss. They are mere recommendations and have no force of law and it is doubtful whether the said report can be a basis for issuance of such notice as the one under attack in this application. All we need is to revamp the national land commission.
In december 2004, the report of the commission of inquiry into the illegalirregular allocation of public land, chaired by paul ndungu, was released. This report whats the solution to the 2007 general elections. The letter notice was written based on the findings of the ndungu report on land whose recommendations have not acquired any statutory form. The ndungu commission handed over their report to the gok in june 2004. Commission of inquiry into the land law system of kenya on principles of a national land policy framework, constitutional position of land and new institutional framework for land administration, kenya.
The mandate of the national land commission nlc is drawn from the national land policy of 2009, constitution of kenya 2010, national land commission act, 2012, the land act 2012 and the land registration act of 2012. Joint statement from the development partners group for. Isk today submitted its recommendations to the building bridges initiative bbi steering committee. Report of the land commission of inquiry into the illegal or irregular allocation of land 2004 annexes volume i. Commission of inquiry into the special agriculture and business lease sabl final report john numapo.
Our analysis in this first issue in the series covers karura, ngong road and kiptagich forests and suggests a loss of public resources in excess of ksh. The commissions findings and recommendations 10 urban, state corporations and ministries lands 11 settlement schemes and trust. Political economy of land reform implementation in kenya. Maasai leaders are also demanding the implementation of the truth justice and reconciliation commission tjrc and the ndungu land commission reports. Isk tables its recommendations to bbi steering committee. Its chairman, professor issa g shivji has made available to tanzanian affairs a copy of an interview he gave to haramata a quarterly published by the iied in which he explained the commissions recommendations. Land issues to dominate bbi debate in maasai community. It was focused on coming up with principles of a national land policy framework, the constitutional position of land and formulation of a new institutional framework for land administration. Probbi group says that report would address historical injustices and ensure that apart from recognition, the community occupies an important position in the next government.
Commission of inquiry into the land law system of kenya, 19992009 njonjo land commission. According to lawyer paul ndungu who chaired the ndungu commission, only a few recommendations made by three commissions on land are yet to be. Abraham samoei, chair, editorial and pr committee, mr. Land is at the heart of scotlands identity, economy and communities. Report of the commission of inquiry into the illegal.
Commission of inquiry into the land law system of kenya, charles njonjo. Volume 1 of the presidential commission of inquiry into land matters has been published recently. Ndungu is a practising advocate in nairobi with over 30 years experience specializing in land law. The politics of land reform in kenya 2012 volume 57 issue 1 ambreena manji. Report of the commission of inquiry into the illegalirregular allocation of public land. Throughout east africa land law reform has been pursued at the expense of substantive land reform. Report of the commission of inquiry into the land law system of kenya on principles of a national land policy framework, constitutional position of land and new institutional framework for land administration. The land act 2012 consolidated substantive colonial land laws and the land registration act consolidated all transactions on land. The national land commission is set to revoke all land title deeds that were illegally acquired with those involved in land malpractices facing the possibility of being prosecuted.
New laws have not been redistributive or transformative in a positive way. The ndungu commission was appointed by president kibaki in june 2003. The national land commission act was to operationalise the. Recommendations from the national commission on the future. It argues that in spite of the constitutional and political importance of the new legislation, the process was marked by haste, lack of engagement by.
It is for the wmca to decide if it agrees with, and takes forward, its recommendations. The njonjo commission of inquiry into land law systems was a kenya government commission established in 1999. The commission was formulated to inquire into the extralegal allocation of public lands and lands reserved for public purpose to private individuals and corporate entities, and to provide recommendations to the government for the restoration of those lands to. At the heart of the commission s report was the recommendation that all. The ndungu report made several recommendations, including naming of beneficiaries of illegal and irregularly acquired property but has since been swept under the carpet. Juxtaposed alongside the lengthy piece on jomo kenyattas formative years by daily nations murithi mutiga titled jomo kenyattas troubled years in london that drove him to greatness is a piece in the standard titled trail of blood, big money in land scandals in kenya. Mission impossible implementing the ndungu report slideshare. Paul ndungu, presented to kibaki six months previously, in which, inter alia, details are given concerning illegal land awards made to both the kenyatta and moi families, as well as to a raft of former ministers, mps, judges, civil servants and military officers, with recommendations that the large majority of such awards should be revoked. May 16, 2011 while the current lands commission of inquiry into the illegalirregular allocation of minister shows some commitment to pursuing land reforms public land the ndungu commission, in december 2004, and implementing the ndungu recommendations, the its recommendations remain largely unimplemented and presidents silence on the report. The commission of inquiry into the illegalirregular allocation of public land, which came to be known as the ndungu commission after the. Pursuant to the governors executive orders n2920 and n3320 as well as the california department of public healths recommendations regarding public gatherings and physical distancing, the april 29, 2020, state lands commission meeting will be a remote meeting only accessed by. Commission of inquiry into the illegalirregular allocation of.
The real cost of corruption, incompetence and impunity in. However, it was not made public until december 2004. It seems to me that this would mean that 2 presidential candidates kibaki and raila would go in as would their main henchmen ruto, karume. The illegal and irregular allocations of public land as chronicled in the ndungu report amount to a ripoff that dwarfs the goldenberg and angloleasing scandals. Commission of inquiry into the illegalirregular allocation of public. The odingas argue that if the recommendations of the ndungu commission are acted upon, they will suffer irreparable and irredeemable consequences.
Report of the land commission of inquiry into the illegal or irregular allocation of land 2004 annexes volume ii. The commission was formulated to inquire into the extralegal allocation of public lands and lands reserved for public purpose to private individuals and corporate entities, and to provide recommendations to the government for the restoration of those lands to their original purpose or other appropriate solutions. Commission of inquiry into the land law system of kenya on principles of a national land policy framework. A lands ministry 2009 report shows that absentee landlords hold about 77,000 hectares of land. Posts about ndungu report on land written by washingtonmosiro. Report of the commission of inquiry into the land law. While cases of irregularly land registration have been documented and are numerous as recorded in the ndungu commission s report, reclamation of such lands has taken numerous forms. Final report to the west midlands combined authority board. Review of african political economy, 103, march 2005, pp. The national land commission of kenya is an independent government commission whose establishment was provided for by the constitution of kenya to, amongst other things, manage public land on behalf of the national and county governments, initiate investigations into present or historical land injustices and recommend appropriate redress, and monitor and have oversight responsibilities over. Ca state lands commission california state lands commission. Full text of resolutions by maa communities on bbi. Commission chairperson, justice tendai uchenas presentation to his excellency, the president of the republic of zimbabwe summarising findings and recommendations the commission.
As we cover these in future issues of the series, the cumulative loss will certainly be astounding. The commission made a series of recommendations for each. Despite the goodwill former president mwai kibaki generated with the ndungu land commission, the report which contains the names of the who is who owning tracks of grabbed land in kenya never saw. Public land the ndungu commission, in december 2004, its recommendations remain largely. The following summary of the report of the ndungu commission on illegal and. Why not jail any direct benefeciary of land grabbing for 5 years.
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