Report paints grim picture on land reforms

By Harold Ayodo

As turf wars between Lands, Housing and Urban Development Cabinet Secretary Charity Ngilu and the National Lands Commission (NLC) spill to the fore, a yet to be released report seen exclusively by Home and Away, paints a grim picture on the much anticipated land reforms.

It proposes, among other things, that the ministry should recruit new professionals to lead the anticipated reforms instead of using its current staff, most of whom may not have the independence to drive the envisaged reforms.

The study, set to be released next week, dubbed Report on Land Sector Financing in Kenya analyses financial hurdles that would hamper emotive land reforms countrywide.

According to the 46-page study by the Economic and Social Rights Centre, the 2013 Budget has not accorded the NLC its autonomy in line with the constitution.

Currently, the 2013/14 budgetary allocation for the land sector programme has significantly reduced to Sh3.17 billion from Sh5 billion in 2012/13. The National Land Commission has no operational budget in the government programme budget tabled in Parliament in April 2013. This makes it the only Constitutional commission without its own budget vote.

“Treasury has not accorded the NLC constitutional autonomy and importance, two years since its creation,” says the report that could elicit public debate on the commission’s lack of funds.

The study recounts a similar situation last year when the commission was not given its own budget vote for financial independence, which has been replicated this year. “The only budget under the commission is through the Consolidated Fund Services, meaning only salaries and allowances for the commissioners are considered at the expense of operations for which the commission was created,” says the report.

Treasury Faulted

The financial analysis set to be officially released on September 18, accuses Treasury of what it terms ‘work as usual’ attitude in land reforms. “This is a major challenge to the envisaged land reforms in line with the Constitution and requires urgent attention,” says the report.

The report further points out that expenditure of public resources in the Ministry of Lands is riddled with many queries. “Misappropriations and failure to provide supportive documents for audit is rampant in the Ministry, signifying perpetual inefficiency and lethargy,” says the analytical financial report.

It further accuses Ardhi House of performing dismally in collection of Appropriations-In-Aid assigned to it following weak administrative structures, especially financial services.  “The Ministry of Lands has been unable to absorb or utilise its full budgetary allocation since 2006/07,” it says.

The report proposes a rigorous programme to upscale its (ministry) capacity to absorb resources and show ability to absorb additional funds.

“The Government has not also demonstrated necessary support to the lands sector in terms of allocating requisite resources necessary to make it play its rightful role,” says the report.

The report by Hakijamii — Economic and Social Rights Centre — refers to  finances allocated to the Ministry of Lands, over time, compared to Agriculture and Rural Development Sector. It further says there exists myriad  factors affecting transparency of budget information.

“The most important is lack of a legislative framework for public participation and technical nature of the budget in terms of language, form and structure,” says the report.

Case for NLC

Experts who drafted it propose that Treasury should create a budget vote for the NLC to ensure its operational independence similar to other constitutional commissions: “This should be done at the earliest opportunity, particularly during the supplementary budget,  which  the Government can do anytime in the course of the current financial year.”

The report further calls for adequate funding for the NLC to ensure they carry out the much-anticipated land reforms countrywide towards equity and fairness.

It also proposes for a review of the professional costing of land reforms that was last done in 2005, based on a framework that has since changed following the Constitution and the new land laws.

“Many tribunals, which were envisaged in the costing  like the Lands Dispute Tribunal, have been rendered untenable and replaced by the Environment and Land Court under the Judiciary,” says the report.

It recommends that the Ministry of Lands and land agencies enhance their capacity to absorb allocated funds by carrying out proper planning and capacity utilisation towards full use.

“From the audit report of poor accountability of appropriation in aid collection, it is evident the ministry has not put in place measures to protect its revenue sources,” it reads in part. It recommends reforms in budget presentation (language and structure) and a legislative framework for public participation towards transparency: “Transparency of budget information from the lands sector remains generally poor and is, therefore, a major barrier.”

The report also recommends for change in management strategies for staff at the Ministry of Lands. “From the review of audit reports relating to lands spending since 2006/07, it is evident that expenditure of public resources in the Ministry of Lands is riddled with audit problems just like other ministries and departments,” it reads.

It says that failure to provide supportive documents for audit is rampant in the Ministry of Lands signifying perpetual inefficiency and lethargy.

“There is urgent need for transformation and change management strategies for the ministry staff. Unless this is done urgently, the envisaged land reforms as per the Constitution would largely fail,” says the report.