Land continues to command a pivotal position in Kenya’s
social, economic, political and legal relations. Perhaps
this explains why, when other resources for political
patronage have declined at any time in our political
history, the ruling elite have resorted to illegally dishing
out public utility land. This phenomenon of illegally
and irregularly allocating public land to “politically well-connected persons” gains pace just before and after
elections. Over the years, a culture of corruption and
impunity flourished and went unpunished amongst those
entrusted with power over public utility land.
10
Implementing the Ndung’u Report
On 30th June 2003, the NARC government appointed a
commission of inquiry to investigate the illegal and irregular
allocation of public land in Kenya. The Commission came
to be known as the Ndung’u Commission, and its report
as the Ndung’u report, after Paul Ndung’u, the Nairobi
lawyer who chaired the commission.
In its report, released in part on 16th December 2004, the
inquiry established that illegal allocation of public land is
a) The Commission was required to
• Inquire into the allocation of public lands or
lands dedicated for research for public benefit
to private individuals or corporations;
• Collect all evidence and information available
from ministry-based committees or from any
other source, relating to allocation of such lands;
• Prepare a list of all land unlawfully or irregularly
allocated, specifying particulars of the land and
of the persons to whom they were allocated, the
date of allocation, particulars of all subsequent
dealings in the land concerned and their current
ownership and development status;
b) To inquire into and ascertain
• The identity of any individuals or corporations,
to whom such land was allocated by ‘unlawful or
irregular’ means; and
• The identity of any public officials involved in
such allocation;
c) Carry out investigations into any other matters related
to land allocations as seen fit by the Commission, to
facilitate execution of its duties;
d) Carry out other related investigations as may be
directed by the President or Minister for Lands and
Settlement.
e) The Commission was mandated to recommend:
• legal and administrative measures for the
restoration of such lands to their proper title
or purpose keeping in mind the rights of any
private person having authentic entitlement
over the lands concerned;
• legal and administrative measures to be taken in
the event that such lands are for any reason unable
to be restored to their proper title or purpose;
• criminal investigation or prosecution and any
other measures to be taken against persons
involved in the unlawful or irregular allocation
of such lands;
• legal and administrative measures for the
prevention of unlawful or irregular allocation of Land which had been reserved for public purposes
such as schools, playgrounds, and hospitals was
later allocated without regard for the public interest
for which it had been acquired. Such land would be
allocated following the submission of Part Development
Plans (PDPs) to the Commissioner of Lands who would
indiscriminately give authorization for change of use
The Commission emphasised that although throughout
the period under investigation letters of allotment were
recognised and used as title deeds, this was illegal.
