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NDUNGU REPORT PDF

Wednesday, August 7, 2019


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.


Ndungu Report Pdf

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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 myavr.info%20faults% myavr.info myavr.info report-.

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.

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.

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 the needs of the agricultural industry by developing high quality seeds or livestock or undertaking research etc.

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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 schools often private , government institutions, and religious bodies as well as private individuals and companies. Land around riparian sites have been illegally allocated by the Kenya Wildlife Service, with many of the allocations — such as those made since to some 14 beneficiaries around Lake Naivasha — being known to have severely affected the ecosystem.

It was the basis upon which the struggle for independence was waged. It has traditionally dictated the pulse of our nationhood. It continues to command a pivotal position in the country's social, economic, political and legal relations.

Others bought land from local people. While most of these purchasers of small plots of land did not directly participate in corruption, increased land pressures over time helped deepen a sense of local grievance over the unfair taking of their land that local politicians could use in their campaigns.

Special Report

The recommendations of the Commission included an inventory of public land, a comprehensive land policy, and the establishment of a Land Titles Tribunal that could review each and every case of suspected illegal or irregular allocation of land. Many of these sensible ideas are contained in the draft land policy drawn up by the Ministry of Lands in The African Charter says that dispossessed people have the right to the lawful recovery of their property as well as to adequate compensation.

Constitutional reform has been a central talking point in Kenyan politics for decades, but to date every attempt to realize that vision has stalled.

Pre-independence differences over the kind of constitution Kenya needed have never been properly resolved. Other ethnic groups, wary of being dominated by the larger ethnicities, and thus losing control of their local resources especially land , formed the Kenyan African Democratic Union KADU which favored a type of federalism, called majimboism in Swahili, which proposed semi-autonomous regions based on ethnicity.

Opponents called it chauvinist and tribalist. Regional powers were abolished.

However, with the re-introduction of multiparty politics in , the debate resurfaced with a vengeance. Instead, differences about the drafting contributed to the collapse of the NaRC coalition.

Kibaki delayed and watered down key reforms in the draft that emerged from the National Constitutional Conference, such as the reduction of presidential powers, the creation of a new post of prime minister, parliamentary oversight of the central government, land rights, and judicial independence. The government finally put the watered down draft to a national vote in As Human Rights Watch noted in The violence has coincided with calls by high-ranking Kalenjins within the government for the creation of a majimbo system of government in Kenya, a federal system based on ethnicity.

The proponents of majimboism have simultaneously called for the expulsion of all other ethnic groups from land occupied before the colonial era by the Kalenjin and other pastoral groups, including the Maasai, Turkana, and Samburu.

Inflammatory statements by these figures have been ignored by the government, while similar calls made by opposition politicians have led to immediate action, including arrest and detention. Justice Akiwumi recommended investigation and prosecution of those mentioned in the report but not one case was opened as a result of his findings.

The Kenya National Commission on Human Rights KNCHR documented incitement and hate speech during the referendum campaign and called for the investigation and prosecution of 16 sitting and former members of parliament. In a further report, 38 KNCHR documented more examples of incitement and hate speech during the general election campaign.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'.

March from: Retrieved In unless the President prescribes other- Kenya, it explains, land is divided into wise for business or residential pur- the three categories of government land, poses but only if it is not required for trust land and private land.

There has March been no press coverage concerning this mysterious military blueprint.

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