Consequences of Ruto Transferring Valuation Role to Ministry of Lands – Experts

President William Ruto speaking during a church service at Isiolo on Sunday, May 21, 2023.
President William Ruto speaking during a church service at Isiolo on Sunday, May 21, 2023.
PCS

Legal experts, analysts and political leaders on Tuesday, May 23, raised concerns over President William Ruto’s directive to transfer the land valuation role from the National Land Commission to the Ministry of Lands.

The President’s directive, some argued, may enhance the government's fight against corruption, but the transfer was against the Constitution and needed to be revisited.

Cyprian Wekesa, an advocate of the High Court, cited Article 67, Section 2 of the Constitution, highlighting the functions of the National Land Commission.

“It is not correct for the President to say the Ministry of Lands takes over valuation role from the National Land Commission because NLC is a constitutional commission tasked with the role,” stated Wekesa. 

Photo of Ardhi House in Nairobi taken in October 2022
Photo of Ardhi House in Nairobi taken in October 2022.
Photo
Ministry of Lands

Former Mukurweini MP Kabando wa Kabando also disagreed with the president’s declaration, adding that it will give power to cartels at the Ministry of Lands. 

"Ruto's roadside decree that the Ministry of Lands will take over functions of the National Land Commission is illegal, irregular and unconstitutional," Kabando stated. 

Dr Jane Thuo, a lecturer at the University of Nairobi, stated that the President should have considered constitutional provisions which give NLC power to oversee land valuation roles.

“The Constitution states clearly that the land valuation role belongs to NLC, and the President should have considered the same before making the declaration,” she stated.

The same was echoed by political expert Martin Andati who stated that the President’s declaration was illegal and may be challenged by any Kenyan in a court of law. 

“It was just a declaration that cannot be implemented, because Kenyans may file a petition in court to challenge the President’s declaration on transferring functions from NLC,” he narrated. 

On the other hand, Political analyst Brian Mutie defended the President’s move, adding that he was exercising Executive orders to reorganise his government the way he wanted.

“The President was acting within his powers to reorganise the functioning of his government. He had a right to even transfer a function from one Ministry to another,” Mutie stated.

President William Ruto issued a new directive on Sunday, May 21, immediately slashing the powers of NLC. 

President William Ruto (left), EALA MP Kanini Kega (centre) and Nominated MP Sabina Chege meet during an inter-denominational Prayers in Isiolo on May 21, 2023.
Deputy President Rigathi Gachagua (left), EALA MP Kanini Kega (centre) and Nominated MP Sabina Chege meet during an inter-denominational prayer meeting in Isiolo on May 21, 2023.
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Kanini Kega

While speaking at Isiolo during a Thanksgiving service, Ruto noted massive corruption within NLC, which mostly stemmed during the compensation process. 

"In my government, I have directed that there will be no corruption

"And that is why I have instructed that NLC will no longer be involved in evaluation on matters concerning land compensation," the President announced. 

According to Article 67, Section 2 of the Constitution, NLC manages public land on behalf of the national and county governments, recommends a national land policy to the national government, and advises it on a comprehensive programme for the registration of title in the land throughout Kenya.

It also conducts research on land and the use of natural resources makes recommendations to appropriate authorities, initiates investigations, on its initiative or a complaint, into present or historical land injustices, and recommends appropriate redress.

Other roles include encouraging the application of traditional dispute resolution mechanisms in land conflicts, assessing tax on land and premiums on immovable property in any area designated by law, and monitoring and having oversight responsibilities over land use planning throughout the country.

It also may perform any other functions prescribed by national legislation - meaning Parliament must ratify any directives. 

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