Survey finds that many Kenyans are not aware of the powers and functions of county officials, writes PETER MUIRURI

While the Kibaki regime made the upgrading of infrastructure its core responsibility, it appears  Uhuru’s development agenda will be shaped largely on how it deals with the complex land related issues.

This is if a new survey conducted and compiled the Land Development and Governance Institute (LDGI) is anything to go by.

The report, Land Administration and Management in a Devolved Government, sought to establish whether Kenyans understand the role of devolved governments with regard to land administration.

According to the survey, 86 per cent of those polled said they were not aware of the powers and functions of both elected and appointed county officials with regard to land issues.

Neither did they know where to conduct various land matters such as property search, transfer applications, lease renewals, change of user, dispute resolution and payment of land rates.

“The general lack of clarity on the new dispensation regarding land administration and management at county level, creates room for possible mismanagement of land and land-based resources. Without this knowledge, citizens cannot fully hold individuals they elected to office fully accountable,” says the report.

The worrying trend is blamed on the usual suspect — lack of adequate civic education with regard to land matters when the various clauses on land administration were being enacted into the  Constitution.

Interestingly, Kenyans overwhelmingly voted for the adoption of the Constitution largely based on what the then elected leaders said about the document.

Explosive matters

While land matters continue to be the most explosive in the Kenyan society, it was hoped that Kenyans would be well versed with the provisions contained in Chapter Five of the Constitution.

Additionally, even as many remain in the dark with regard to county functions relating to land, subsequent parliamentary legislation has created even more laws dealing with the land question.

Today, there are four land laws that deal with land administration in the country. These are the Land Act 2012, National Land Commission Act 2012, the Land Registration Act 2012 and the Environmental and Land Court Act 2011. 

The lack of a clear understanding by the citizenry on the roles of devolved governments with regard to land is bound to have serious ramifications as the Constitution gives these governments immense powers, especially in the control of unregistered community land.

On the outset, it means the public lacks the capacity to effectively hold these governments to account or criticise them from an informed position.

“It is important for the public to know and understand the functions and roles of these laws that govern the administration and management of land in Kenya. This will empower them to carry out the role of monitoring the efficiency, transparency and accountability of the institutions,” says a section of the report.

However, Kenyans believe the new government has the political will to carry out land reforms as envisaged in the Constitution.

Many cited the recent Cabinet appointments by President Uhuru and his deputy William Ruto, where professionals in various fields were selected as pointers to the pair’s commitment in addressing historical land injustices.

If many are ignorant of the constitutional provisions regarding land, few are even aware of the existence and functions of institutions created by subsequent legislation including the Environment and Land Court, the Boards of Cities and Municipalities and the County Land Management boards.

The only body many may be conscious of is the National Land Commission. This is due to the political heat generated by the delay in its gazettement by the previous regime rather than an understanding of its functions.

What, however, got analysts worried was the fact that majority of the pollsters, a whopping 77 per cent, fell under what can be described as the ‘information and technology savvy’ bracket of 21-50 age bracket with the same percentage having attained post secondary school education.

Proper mechanisms required

Given the low levels of awareness on land matters by the public, LDGI recommends that watertight measures be put in place to safeguard citizens’ interests on land matters, in addition to enhanced civic education using the mass media.

“There is need to establish proper accountability mechanisms at county level land governance institutions to safeguard public interest. There is also need for clarity to be given on the separation of functions of these institutions and the change of mandate with the introduction of these new institutions at county level,” states the report.

With such a nationwide scenario, the new cabinet secretary in charge of land matters Charity Ngilu, has her work clearly cut out.