The National Land Commission has defied the Executive Order issued by President Uhuru Kenyatta on the alleged Lamu land scam and instead launched its own investigation.
NLC Chairman Muhammad Swazuri announced on Monday that the review of the 500,000 acres allocations will be conducted between the 21st and 28th of this month.
"Under Section 14 of the NLC Act, the commission is mandated to, on its own motion, or upon a complaint by the national or county government, a community or an individual, review all grants and dispositions (titles) to public land to establish their propriety or legality," Swazuri said in a public notice.
The move by a commission that has often times been on opposing ends with the Jubilee administration - particularly the lands ministry - now means that they have ignored the presidential directive.
In a terse statement last week, Uhuru directed the NLC and the ministry of Lands to revoke and repossess the affected land parcels with immediate effect.
Speaking to land stakeholders at Serena Hotel, Nairobi, yesterday,NLC vice-chair Abigael Mbagaya maintained that due process as stated in Section 14 of the NLC Act will be followed.
“We have put out a public notice for the owners of these lands to come and tell the commission how they got the land,” she stated. This means that the land titles may not be revoked altogether.
According to Section 14 (7) of the NLC Act on review of grants and dispositions, “no revocation of title shall be effected against a bona fide purchaser for value without notice of a defect in the title”.
Mbagaya however said that where the commission found that the titles were acquired unlawfully, they would take appropriate measures to correct the anomaly.
It has also emerged that the commission is investigating some 44 more land allocations other than the 22 that were announced by Uhuru. The review of these cases will be conducted between August 18 and September 5.
The complaints published in the notice concern land in Kakamega, Nairobi, Nakuru, Lamu, Mombasa, Kilifi, Embu, Machakos, Kisumu and Trans Nzoia counties.
Persons with information on the complaints have been asked to make submissions to the commission by 5pm on August 15.
Kenya Land Alliance Chief Executive Officer Odenda Lumumba yesterday strongly criticised Uhuru on the Lamu issue, terming his statement as political rhetoric.
Lumumba faulted the alleged presidential audit, insisting that 70 per cent of land in Lamu is about 1,123,848 acres and not 500,000 as claimed by the President.
“To me land reforms in this country are not on course. There is no political goodwill,” he said, “The President’s speech on Lamu was purely political rhetoric.”
The political opposition has also slammed Uhuru on his claim to revoke land titles explaining that he had no such powers. They have instead asked Uhuru to implement the Truth, Justice and Reconciliation Commission report that delved comprehensively into land matters, including historical injustices.
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