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. But the story the Ndungu Commission unfolded is also a chapter in. The illegal and irregular allocations of public land as chronicled in the Ndungu Report amount to a rip-off that dwarfs the Goldenberg and Anglo-Leasing. ; recently got better: corruption has im- The Ndungu Report: Land & Graft in Kenya proved from 'highly acute' to merely give Moi himself immunity from.
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Context of this Report. 5. Foreword. 6. Executive Summary. 8. Part I Report of the Commission of Inquiry Into the Illegal/Irregular. Allocation of Public Land. The Commission of Inquiry into the Illegal/Irregular Allocation of Public Land, which came to be Upon detailed review of land-related laws in Kenya, official reports concerning the land . Create a book · Download as PDF · Printable version. This report is based on the KLA/Kenya National Commission on Human Rights ( KNCHR) . and the report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public inevosisan.ml%20faults% inevosisan.ml inevosisan.ml report-.
Such a letter of allotment is only made to the person to whom it is addressed, lapses after 30 days, and has various conditions attached, and as such cannot be legally transferred to another person. Meanwhile, trust land can only be removed from the communal ownership of local people through legally prescribed adjudication processes, whereby local communities are given ample notice and opportunity to claim their ownership in accordance with their customary law.
However, despite all these legally strict safeguards, 'it is in the allocation process that most of the corruption and fraudulent practices relating to land have occurred' p. The Commission's Findings Upon the basis of detailed review of all laws relating to land, official reports concerning the land issue by government and non-government bodies, documents and records submitted by ministries and public bodies, and reports and memoranda by professional associations and members of the public, the Commission categorised its findings according to three broad types of public land: Urban, State Corporations' and Ministries' Lands; Settlement Schemes and Trust Land; and Forestlands, National Parks, Game Reserves, Wetlands, Riparian Reserves, Protected Areas, Museums and Historical Monuments.
There was found to have been widespread abuse of presidential discretion with regard to unalienated urban land, with 'in many instances' both Presidents Kenyatta and Moi making grants to land to individuals without any consideration to the public interest, for political reasons, and without proper pursuit of legal procedures, whilst there was also extensive illegal allocation by the presidents of alienated land viz, land which they did not have legal power to allocate.
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Various Commissioners of Lands had made direct grants of government land without any authority from the President.
Forged letters and documents were used to allocate land in numerous instances, with many records at the Ministry of Lands and Settlements having been deliberately destroyed.
Often, land was sold by grantees without any adherence to the conditions laid down by letters of allotment, and many illegal titles to public land were transferred to third parties, often State Corporations, for massive sums of money. Land compulsorily acquired, like that for the proposed Nairobi by-pass, was illegally allocated to individuals and companies, and then often sold on to third parties, whilst land reserved for public purposes such as schools, playgrounds, and hospitals etc had been sold off in blatant disregard of the law by both the Commissioner of Lands and numerous local authorities.
In broad summary, the Commission found that the powers vested in the President had been grossly abused by both the President and successive Commissioners of Lands and their deputies over the years, under both previous regimes; there had been 'unbridled plunder' Commission: p. Finally, and interestingly, the Commission found that 'most illegal allocations of public land took place before or soon after the multiparty general elections of , and ', reinforcing its view that public land was allocated 'as political reward or patronage' p.
With regard to the over state corporations inclusive of such institutions as universities and the Central Bank and the odd companies in which the government holds shares, the Commission noted that although the download and disposition of land is incidental to their business, many such entities have acted as if they were set up to deal in land and have participated in land grabbing schemes through which the public has lost 'colossal amounts of money' p.
Land allocated to state corporations is 'alienated land', but has been illegally allocated to individuals or companies in total disregard of the law. Such land was customarily sold at less than market value to allottees, who often proceeded to sell it other state corporations at amounts far in excess of market value p.
A usual procedure would be for the senior management of the corporations to address a letter of surrender of land to the Commissioner of Lands, who would in short order receive an application for download of the same land from an individual or company. At other times, corporation land might be allocated by the Commissioner of Land to individuals without any reference to corporate management whatsoever.
Through such methods, 'a civil servant, a politician, a political operative etc would transform from an ordinary Kenyan … into a multi-millionaire' p. One such transaction can be cited by way of example. In January , the Numerical Machining Complex Limited owned wholly by Kenya Railways and the University of Nairobi sic was allocated hectares of land belonging to the Kenya Meat Commission for 'industrial purposes'.
In February , the NSSF proceeded to download hectares of land at a cost of million shillings, which was fully 8.
This is illustrative of the further scam whereby state corporations were pressurised into making illegal downloads of public land, becoming 'captive downloaders of land from politically connected allottees' p. The Commission gives a full list of the transactions involved, many of the vendors being companies whose individual owners are not immediately evident.
The Commission made similar findings with regard to various government ministries which own large tracts of land, despite the fact that most of them claimed not to have lost land through illegal allocations. Again, loss of land might be triggered by a letter from an official of a ministry addressed to the Commissioner of Lands indicating that the ministry no longer required a certain tract of land, and the latter would in turn allot it to an applicant downloadr in excess of his authority.
Prime offenders included the Ministry of Livestock and Fisheries Development which claimed only to have lost small fisheries land, while information provided by the public indicated that it has lost large tracts of its livestock holding grounds. Similarly, the National Youth Service is said to have lost thousands of acres of land in allocations to prominent politicians. This was funded by the Ministry of Roads and Public Works between and for In , this was sold to KANU via a 99 year lease for just 1, shillings and a pepper corn rent, with the title being made out in favour of President Moi and Peter Oloo Aringo.
Meanwhile, at a less exalted although far more pervasive level, the Commission found that many thousands of government houses and properties were illegally allocated to individuals and companies. The Commission found that, overall, whilst the establishment of settlement schemes and their subsequent allocation in the early years of independence generally conformed to the original objectives, in latter years there was extensive deviation, with much land having been allocated for purposes other than settlement and agricultural production.
Settlement Fund Trustees appear to lack any supervisory powers over these committees, with the result that the local committees have been almost wholly unaccountable. The result has been predictable, with the interests of the landless having been ignored in favour of those of 'District officials, their relatives, members of parliament, councillors and prominent politicians from the area, Ministry of Lands and Settlement officials, other civil servants and … so called 'politically correct' individuals' p.
And whilst the majority of deserving allottees received smaller plots, the undeserving often received large ones. Meanwhile farms belonging to the Agricultural Development Corporation, designed to provide an the needs of the agricultural industry by developing high quality seeds or livestock or undertaking research etc, have been illegally established as settlement schemes and subsequently illegally allocated to individuals and companies, often as political reward or patronage Commission: pp.
In addition to the above, extensive tracts of Trust Land have been illegally allocated, with county councillors having been the main beneficiaries. Whilst the Commission was able to provide some glaring examples of such abuse, it was hampered in its work by the failure or refusal of councils to submit relevant information p.
It concludes: Instead of playing their role as custodians of public resources including land, county and municipal councils have posed the greatest danger to these resources … the most pronounced land grabbers in these areas were the councillors them-selves…The corruption within central government has been replicated at the local level through the activities and omissions of county and municipal councillors Commission: p.
The beneficiaries of such excisions include often private schools, government institutions, and religious bodies as well as private individuals and companies.
Similarly, many illegal allocations of land around riparian sites have been illegally allocated by the Kenya Wildlife Service, with many such allocations - such as those made since to some 14 beneficiaries around Lake Naivasha - being known to have severely affected the ecosystem.
Fortunately, the Commission finds that the National Parks and Reserves have been more effectively protected, yet nonetheless it provides some ten cases of illegal allocations within KWS protected areas, and 15 cases in KWS alienated plots beside them. Furthermore, the Commission also records 26 instances of illegal allocations of land from Nature Reserves falling under the domain of local authorities, whilst there are some 8 known cases of land set aside for national museums and monuments having been illegally allocated to private individuals.
It comes as no surprise that land belonging to the military, and even land portions belonging to State Houses and lodges, have also been sold off.
Against this catalogue of corruption, it is not surprising that the Commission concludes that their has been systematic and widespread abuse of public trust by public officials, to the extent that many officials now fail to see anything morally wrong with their allocating land illegally.
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There were many centres of power which were responsible for the illegal allocation of land, yet the Commission makes it clear that the lead in public plunder has consistently been given from the top. Kenya, it concludes, has fallen into a state of 'moral decadence', this epitomised no more clearly than by the extensive participation in land grabbing by churches, mosques, temples and other faith institutions, these including such venerable institutions as the Catholic Archdiocese of Nairobi, the Church Commission of Kenya, and the Anglican Church pp.
The Commission's Recommendations Whilst making a series of sensible recommendations concerning, inter alia, the need for an inventory of public land and the computerisation of land records, as well as for a comprehensive land policy, the Commission also urges the establishment of a Land Titles Tribunal charged with reviewing each and every case of suspected illegal or irregular allocation of land, and hence embarking upon the process of revocation and rectification of such titles.
Reference to the weighty Annexes indicate that revocation would be a formidable task. Numerous improperly documented allocations of land by Kenya Railways should also be examined, whilst allocations made by the Kenya Agricultural Research Institute, 31 by Kenya Pipelines, made by Kenya Industrial Estates, and by the prison authorities should be revoked, as well as smaller numbers of plots illegally allocated by other state corporations.
There should also be revocation of titles of some 7 illegal allocations made by the judiciary! The Commission also provides lists of thousads of houses which have been illegally allocated throughout the country, implying that title to these, too, should be revoked, as should those to hundreds of allocations of land made to individuals and companies from forests, game parks and reserves etc which are listed in Volume II of the Annexes.
Commentary Some time ago, following Ajulu and Himbara , I characterised Kenya as a kleptocracy characterised by a drive for primitive accumulation by those who controlled the post-colonial state, alongside the failure of an African business class to promote industrialisation and development.
However, my primary emphasis was upon financial and commercial corruption, and whilst I recognised land-grabbing especially by local councillors as a phenomenon, I failed to appreciate how enormously extensive the illegal appropriation of public land was to the formation and consolidation of Kenya's political elite. In this regard, although less blinkered observers such as Jacqueline Klopp have written upon the issue, enormous credit is due to the Ndungu Commission for the compilation of a truly formidable body of documentation concerning land-grabbing.
Yet what is lacking from its analysis, even if - strictly speaking - it may have gone beyond its terms of reference, is some assessment of what land grabbing may have had upon the economy, and whether, in particular, land which was illegally appropriated has been put to productive use.
In this regard, no overall summary or analysis has been provided, even though, with regard to the majority of allocations, the Commission offers two columns which list, first, the officially intended use of the land, and in the second, its current use.
Even so, even an unsystematic thumbing through the pages of the annexures suggests that the overwhelming majority of allocations have been utilised for residential, commercial, industrial or building purposes, even if the majority of the sites grabbed from the Kenya Agricultural Research Institute, whose present use is listed as 'private', may well have been transformed into private farms.
In this regard, the report has little to tell us about 'the land issue' in the sense of our acquiring greater knowledge about the overall distribution of land between government, ethnic groups, classes, and corporations, let alone the extent to which it has contributed to the eating away of Kenya's already diminishing supply of arable farming land.
Furthermore, only more detailed analysis will be able to tell us how much land-grabbing has contributed to the unregulated and under-serviced peri-urban sprawl which is today such a visible feature of Kenya's unfortunate development path.
Land grabbing has its genesis in pre-independence Kenya when a small group of white Ndungu report summary - WikiLeaks ; But the story the Ndungu Commission unfolded is also a chapter in another very broad issue in Kenya's political economy - land. One of the few African countries Excel Primary School to pay for the full value of the land as at now to Ndungu Report. PDF Water quality information in aquatic ecosystems is crucial in setting up guidelines for resource management.
The Ndung’u Report: Annexe Vol. 1
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