Raila Odinga: Why land is an important campaign issue

[Ab-Titchaz]

Raila on why land is a campaign issue

By RAILA ODINGA
Posted Saturday, February 9 2013 at 19:35

In Summary

• I want to convince Kenyans that they can trust me with the land issue
  

Land disputes in Kenya are older than the country. They started several hundred years ago when the Omani Arabs discovered the value of the east coast of Africa and set up trading centres along it. They eventually put up Sultanates that claimed right of government in several towns like Mombasa and Malindi.

Then came the Portuguese who also wanted to own Kenya's east coast. They fought the Arabs and forced them out and ruled the coast for about 150 years. The Arabs eventually regained control.

Then came the British from whom the whole story of colonialism began. This period saw the enactment of the Crown Land Ordinance by the British Parliament. The Ordinance declared virtually all land in Kenya as belonging to the English Queen to dispose of as she wished.

We know of the armed struggles that followed, beginning with the resistance of Waiyaki wa Hinga in 1891, the Nandi rebellion in the early 1900 and the Mau Mau uprising in the 1940s-50s.

We have read about the traditional skirmishes over land in the pre-colonial period between the Maasai and Kipsigis or the Kisii and the Luo.

Land, in Kenya, has therefore always been a particularly emotive issue. In recent times, however, it is also one that has often resulted in strife between local communities and threatens the security of the Kenyan Nation.

Despite all these we, as a country, never addressed the issue head-on and kept hoping that it would resolve itself through market economy forces.

Unfortunately, over the last 50 years, that has not happened. Instead, the tensions keep piling up and the gravity of the situation keeps getting worse. Yet there are those who want to continue with the gamble that the situation will resolve itself.

I see it differently. I believe we are many decades from the economy in which land is no longer critical to the livelihoods of a majority of the population. I also believe that the land question cannot be kept simmering through these decades and that it will erupt before we achieve the intended economy. I believe that only through honest political will can this issue be resolved conclusively.

So far, we have put in place the relevant constitutional infrastructure to address this issue. We promulgated a new Constitution on August 27, 2010, which sought to rectify the loopholes that were in the old constitution.

The Constitution classifies all land into three categories. It created "Public Land" and declared all government land to belong to the public. This means that the government can no longer allocate the land without regard to public interest as has happened in the past.

The Constitution then created "Community Land". Most of these lands are what were known in the old constitution as "Trust Land".

These lands were previously administered by county councils on behalf of the people. However, the trust was greatly abused with a lot of these lands falling illegally into private hands. The Constitution now gives communities a right to hold the land for themselves.

Lastly the Constitution created private land and declared any land held by any person under a freehold title or leasehold to be private.

The Constitution then created an independent National Land Commission to manage land issues and advise the government on land policy. Specifically though, and in recognition of the inequities of the past, the National Land Commission was mandated by the Constitution "to initiate investigation, on its own initiative or on a complaint, into present or past historical land injustices, and recommend appropriate redress."

This should have resolved the problem, and politicians would not have spoken on the land question again. However, six months since the proposed members of the National Land Commission were approved by Parliament, the Office of the President has not gazetted them. The Attorney-General says that Head of Civil Service Francis Kimemia ignored advice from his office to gazette the team.

This is just but one example of how a government without the political will to implement land reforms can frustrate an independent constitutional commission and make it unable to discharge its mandate.

To tell aspirants for the presidency to stop talking about the land question and to insist that the land matter be left to a commission, which the relevant authorities are already frustrating successfully, is literally attempting to ensure that this matter is never resolved.

Unfortunately, it is during election time that illegal land transactions have taken place, with public land being dished out to individuals to buy support.

That is why I have said that I cannot stop talking about land because it will never be resolved unless a President with the political will to resolve it is elected. I am also quite suspicious about the refusal to gazette the members of the land commission.

I want to convince Kenyans that they can trust me with this issue and that I will approach it soberly and impartially and lead the country into a solution satisfactory to all, with the Constitution being my guide.

These solutions will never be implemented if Kenya has a government that is hostile to land reform. Kenya needs a government that will not shy away from this problem.

Mr Odinga is the Cord presidential candidate

Raila on why land is a campaign issue - Blogs - elections.nation.co.ke

 

[mfianchi]

CORD lazima mkomae na hili suala la ardhi Kenya na msikubali kutishwa eti linahatarisha amani,hizo ni njama tu. Ardhi ni maisha kwa kila mtu au Wakenya mnataka kuendelea kuishi kwenye nyumba za mabati(TZ huziita full suite). Kuzungumzia ardhi ni sawa kama vile kuzungumzia mambo ya elimu,afya n.k.

Ili mjue umuhimu wa ardhi muulizeni Ruto kinara wa Jubilee anavyoshinda mahakamani kutokana na kesi za ardhi. Kwa hiyo suala la ardhi linamugusa kila raia na huu ndio wakati wake wa kulitatua. Wana Jubilee wasikasirike wakisikia suala la ardhi likisemwa. Hapo ina maanisha wakitwaa madaraka hawatashughulikia ardhi kwani wao wana mgongano wa kimaslahi.

CORD tafadhali muendeleee hivyo hivyo hao akina Mzalendo na huyo mkuu wa polisi ni buure kabisa wanatishwa na akina Uhuruto. Komaeni hivyo hivyo. Raila uliweza kukabili Moi sembuse awe Mzalendo? Wakati Raila akipambana na Moi akina Ruto na Uhuru ndio walikuwa watoto watiifu wa Moi. Leo hii wajidai wana uchungu na wana kenya hapana wao wanaogopa ICC wawe vague tu

 

[Kabaridi]

This man is frustratingly using the land issue to gain political mileage. That is the hypocrisy with politicians. There was the ndungu land reports that clearly shows how the former regime awarded land. There was also a proposal on that same report of how over 200, 000 acreage land acquired irregularly could be revoked, but govt never came up with a plan.

Did they coalition government follow those recommendations? The answer is no! just as they did with the waki report, sit on the findings and bury the truth until election time to explode!

.....Such lands were tokens or award schemes for powerful forces in govt to toy around and award their cronies! Now you failed to secure a land deal.

Too late bwana Raila ..not worthy the effort because he had power through the office of the prime Minister to come up with structures that would successfully come up with a revocation scheme but you did not. What is obvious and last line of defence is that you were frustrated by the executive. Cheating the public that it needs someone with resolve or political-will is deriding Kenyans.

 

[Ab-Titchaz]

....What is obvious and last line of defence is that you were frustrated by the executive. Cheating the public that it needs someone with resolve or political-will is deriding Kenyans.

I will answer this one on the quickly because of the highlighted above.

One thing I always advice our members is to read for themselves and not base interpretations on others.
Sasa on that note morio mbona unataka kutuletea uongo wa wazi kabisa on this issue of land? Yes it is the
Executive, Kibaki to be exact' who has frustrated this issue. Sasa imekua blame game kati ya AG na Kimemia
...all who take instructions from Kibaki and defacto President Uhuru Kenyatta. Wewe unaona hatujui kusoma
aisee? Toa hio, lete nyengine!

This should have resolved the problem, and politicians would not have spoken on the land question again. However, six months since the proposed members of the National Land Commission were approved by Parliament, the Office of the President has not gazetted them. The Attorney-General says that Head of Civil Service Francis Kimemia ignored advice from his office to gazette the team.

The New Constitution has dictated a path and the process has gone all the way mpaka ofisi ya Emilio na
jamaa kakataa ku-gazette majina ya wakulu. Sasa what would you want Raila to do? Nobody is being
derided nor being lied to by Raila. This land cry is by almost every community that has been marginalised!
From the Coast to Central and Rift Valley there are tonnes of people living as squatters and their plight
has not been addressed because the land barons just so happen to be the Presidents of Kenya. Go
figure!

 

[MaxShimba]

This is another article from Standard Standard Digital News - Kenya : Opinion : Why land is too important reform issue to be left out of presidential campaigns

 

[Kabaridi]

I will answer this one on the quickly because of the highlighted above.

One thing I always advice our members is to read for themselves and not base interpretations on others.
Sasa on that note morio mbona unataka kutuletea uongo wa wazi kabisa on this issue of land? Yes it is the
Executive, Kibaki to be exact' who has frustrated this issue. Sasa imekua blame game kati ya AG na Kimemia
...all who take instructions from Kibaki and defacto President Uhuru Kenyatta. Wewe unaona hatujui kusoma
aisee? Toa hio, lete nyengine!

The New Constitution has dictated a path and the process has gone all the way mpaka ofisi ya Emilio na
jamaa kakataa ku-gazette majina ya wakulu. Sasa what would you want Raila to do? Nobody is being
derided nor being lied to by Raila. This land cry is by almost every community that has been marginalised!
From the Coast to Central and Rift Valley there are tonnes of people living as squatters and their plight
has not been addressed because the land barons just so happen to be the Presidents of Kenya. Go
figure!

Mkuu,
let me start by saying that the information that is getting or is being sold to he public domain is distorted enough! I am not speaking of imaginary things friend. I am speaking from a KNHCR report that I got somewhere betn 2007 and 2008. The report substantiated and backed up the ndungu land commission report, where it says powerful individuals during the moi era and fictitious companies were the beneficiaries of lands especially in RV. What was supposed to be done was those beneficiaries who had fictitious companies have their A/c tracked and frozen and land confiscated to belong to either "community' of trust-lands. But this has not happened since the recommendations

If there was any goodwil from the onset then those prime suspects or land grabbers could be identified and brought to book. There are so many high profile names mentioned in that report, that it becomes like a comedy or a joke when one politician is thirsting for the head of only one other politician on 'tracts-of-land' yet they know many other names involved in land scandals. They might by raising the alarm indefatigably be trying to distract or throw off the public from getting the deeper sense of the land question those involved or the network thereof......

To come back to your question, you said that it is now kibakis fault that he failed to gazette the commission on land. For heaven sakes that would have been wasteful to create another commission yet there is a report from ndungu commission that needs to be applied. If raila is to get any credit for his reform efforts, let him not apply selective type of condemnation. If he is a true reformer let him name all those that have a deal in acquiring land illegally be condemned...and he knows them

Let me bring something about the judiciary. It is also impossible for the judiciary to act on petitions motivated by prejudice of land hassles and struggles for inherited fiefs. The process of law is not a jumpy issue, but one who's application is done by considering the rule of law.

...Friend we should look at this issue with a lot of soberness, otherwise people might slash one another to death, while doing the bidding for politicians.

 

[Dhuks]

JF analysts are a little out of step, in 1997 Raila run for president on reforms agenda- He was running against Moi and Kibaki and he wanted to portray himself as different from them by reform platform; was land not an issue then?
In 2007 he ran against Kibaki for president on reforms agenda(again!) and majimbo issue plus tribalism(remember 41against 1?); land was not an issue then and he wanted to stoke fires of ethnicity because he believed he had the numbers.
In 2013 he is running on reforms and land because his main opponent is a main beneficiary of land. Raila will take on an issue however contentious so long as it suits his interests best.
So yes i agree with you guys we need to address the land issue especially at the coast but not in a political contest.

 

[Edzeame]

why doesn't he/RAO change tact if he failed twice to secure a win using the reform agenda, as we all know he is an opportunist, The land question at the coast should be adressed, by leaders of the chosen by the people in peaceful manner. If he only thinks that he can force things to work by organizing multiple cells of revolts countrywide, it will only continue to bring loss and civil strife, plus adding to the fact that coast residents are lagging behind in economical terms

 

[Namtih58]

Mkuu,

To come back to your question, you said that it is now kibakis fault that he failed to gazette the commission on land. For heaven sakes that would have been wasteful to create another commission yet there is a report from ndungu commission that needs to be applied. If raila is to get any credit for his reform efforts, let him not apply selective type of condemnation. If he is a true reformer let him name all those that have a deal in acquiring land illegally be condemned...and he knows them

For heaven sakes (plagiarism on my part) dude read your own statement. There is a report that needs to be implemented, the constitutionally created and mandated body to to do exactly this is the land commission. So if you agree that the ndu'ngu report needs implementation, how can you then not see the importance of immediately gazetting the commissioners who have undergone vetting as constitutionally required.

Does it make sense for the president to bring the whole process to a stand still after every one else have done their part.

I personally read mischief into the process. Think about it, were the commission set up earlier, they may have published names and/or companies associated with land grabbers that are currently running for office in the next election. Can you imagine the ramifications on their political career. Food for thought.

 

[Dhuks]

For heaven sakes (plagiarism on my part) dude read your own statement. There is a report that needs to be implemented, the constitutionally created and mandated body to to do exactly this is the land commission. So if you agree that the ndu'ngu report needs implementation, how can you then not see the importance of immediately gazetting the commissioners who have undergone vetting as constitutionally required.

Does it make sense for the president to bring the whole process to a stand still after every one else have done their part.

I personally read mischief into the process. Think about it, were the commission set up earlier, they may have published names and/or companies associated with land grabbers that are currently running for office in the next election. Can you imagine the ramifications on their political career. Food for thought.

I would only imagine its the land freeze they had talked about that is preventing Kibaki from gazetting the names. Sometimes we read too much politics in things.

 

[Kijakazi]

CORD lazima mkomae na hili suala la ardhi Kenya na msikubali kutishwa eti linahatarisha amani,hizo ni njama tu. Ardhi ni maisha kwa kila mtu au Wakenya mnataka kuendelea kuishi kwenye nyumba za mabati(TZ huziita full suite). Kuzungumzia ardhi ni sawa kama vile kuzungumzia mambo ya elimu,afya n.k.

Ili mjue umuhimu wa ardhi muulizeni Ruto kinara wa Jubilee anavyoshinda mahakamani kutokana na kesi za ardhi. Kwa hiyo suala la ardhi linamugusa kila raia na huu ndio wakati wake wa kulitatua. Wana Jubilee wasikasirike wakisikia suala la ardhi likisemwa. Hapo ina maanisha wakitwaa madaraka hawatashughulikia ardhi kwani wao wana mgongano wa kimaslahi.

CORD tafadhali muendeleee hivyo hivyo hao akina Mzalendo na huyo mkuu wa polisi ni buure kabisa wanatishwa na akina Uhuruto. Komaeni hivyo hivyo. Raila uliweza kukabili Moi sembuse awe Mzalendo? Wakati Raila akipambana na Moi akina Ruto na Uhuru ndio walikuwa watoto watiifu wa Moi. Leo hii wajidai wana uchungu na wana kenya hapana wao wanaogopa ICC wawe vague tu

Huyo jamaa anapoteza muda tu, navyojua mimi Wakenya hawawezi kukubali kutawaliwa na Mjaluo, piga ua Wakikuyu hawawezi kukubali hata iweje Mjaluo kushinda Uraisi, patachimbika tu, mimi nilikuwa huko 2007 nawajua hao jamaa, bifu lao si la kitoto, Mjaluo hapendwi kabisa kule! Hata mimi siwapendi pia Wajaluo!

 

[Namtih58]

I would only imagine its the land freeze they had talked about that is preventing Kibaki from gazetting the names. Sometimes we read too much politics in things.

The land transaction freeze was actually implemented by cabinet in January 2012 (read kibakis government) so I dont see how that has anything to do with gazetting the commissioners?

 

[Dhuks]

Huyo jamaa anapoteza muda tu, navyojua mimi Wakenya hawawezi kukubali kutawaliwa na Mjaluo, piga ua Wakikuyu hawawezi kukubali hata iweje Mjaluo kushinda Uraisi, patachimbika tu, mimi nilikuwa huko 2007 nawajua hao jamaa, bifu lao si la kitoto, Mjaluo hapendwi kabisa kule! Hata mimi siwapendi pia Wajaluo!

Wewe ulikuwa humo mwaka 2007, sisi tumekuwepo tangu miongo kadhaa iliyopita. Kama huwapendi wajaluo hiyo ni ishu yako lakini usiwasemee wengine.

The land transaction freeze was actually implemented by cabinet in January 2012 (read kibakis government) so I dont see how that has anything to do with gazetting the commissioners?

Did it not have something to do with elections?

 

[Dhuks]

............

 

[Kijakazi]

Wewe ulikuwa humo mwaka 2007, sisi tumekuwepo tangu miongo kadhaa iliyopita. Kama huwapendi wajaluo hiyo ni ishu yako lakini usiwasemee wengine.

Sawa nimekupata, labda uko sahihi! lakini kama unaona nawasemea wengine subiri tuone, time will tell!
Mimi nina marafiki Wakikuyu wengine wako TZ, wengine wanaishi nchi nyingine wanasema wako tayari kuja kupiga kura ili mradi Mjaluo asishike nchi,wanasema hawatakubali (Wakikuyu) kuongozwa na Mjaluo hata iweje!
Wanasema turnout ya uchaguzi huenda ikawa kubwa kuliko zote ili tu kuzuia Mjaluo kushinda!

All in all nawaombea kwa Mungu yale nilioyashuhudia 2007 yasitokee tena!

Mungu awabariki!

 

[choka]

wakenya ninge washauri wacheni ukabila,utawamaliza,kila mahali nyie mnazungumzia ukabila,jengeni nchi yenu.
Ukabila umeenea kila sehemu hapo kenya,maofisini ni ukabila,mashuleni ni ukabila,makanisani ni ukabila,misikitini ni ukabila,ukabila upo mpaka sokoni hii ni hatari sana.
Mpaka kwenye mdahalo,ni ukabila mtupu uliotawala hapo,yaani wakikuyu wanataka kuhakikisha wanatumia nguvu zote kuangandamiza raila.
Wakenya chagueni mtu atakaweza kuongoza nchi,ambaye anaweza kukuza uchumi wa kenya ukarudia kama ulivyokuwa miaka ya 70 na 80.
Fanyeni maamuzi yenye busara,la sivyo mtaendelea kuwapa watoto wenu shida.

 

[Mtu wa Mungu]

Huyo jamaa anapoteza muda tu, navyojua mimi Wakenya hawawezi kukubali kutawaliwa na Mjaluo, piga ua Wakikuyu hawawezi kukubali hata iweje Mjaluo kushinda Uraisi, patachimbika tu, mimi nilikuwa huko 2007 nawajua hao jamaa, bifu lao si la kitoto, Mjaluo hapendwi kabisa kule! Hata mimi siwapendi pia Wajaluo!

Kwa mawazo kama haya hata Wamarekani walifanya kosa kubwa sana kumchagua Obama (asili ya damu yake ni Mjaluo) kuwa rais wa Marekani; tena kwa mara ya pili !! Kama Wakenya wataatamia mawazo kama haya yanayoongozwa na hisia za ukabilakiasi hiki; Kenya ijiandae kuwa Rwanda na Burundi ya Afrika Mashariki (Hutu na Tutsi). Swali: Ni kabila lipi walisalimika kuchinjwa kufuatia matokeo ya uchaguzi uliopita?
Katika Afrika Mashariki Kenya ni nchi iliyo na nafasi ya kuongoza katika mambo mengi ya faida kwa ukanda huu wa Afrika. Lakini kama hisia za ukabila kama anavyoeleza huyu jamaa; safari hii panga zitatembea kuliko uchaguzi uliopita! Sijui huyu jamaa atasemaje kama matokeo yatakuwa kama ilivyokuwa Marekani?????????
Mungu ibariki Kenya!!!!!!!!!!!!!!!!!!!

 

[Kabaridi]

What I know is when real implementation of the constitution starts so many will cry foul. now even those offices that their occupants take the oath of office to the president and the state of kenya and not to envoys or diplomats should not work for scrupulous agencies. any office that is run by the civil service should steer clear off-politics,